Citations
- 119 Ill. App. 221
Full opinion text
Mr. Justice Creighton
delivered the opinion of the court.
This was an action in case, in the Circuit Court of Jack;son county, by appellee against appellant, to recover for a personal injury sustained by appellee while a passenger on one of appellant’s trains. Trial by jury. Verdict and judgment in favor of appellee for $5,000.
Appellee, the plaintiff, is an infant and commenced and ^prosecuted his suit by his next friend. The case set up in the .declaration is in substance, that appellee was a passenger, .for hire, .on one of appellant’s trains, from Union Station, St. Louis, Missouri, to Makanda, Illinois, and was in the exorcise of due care and caution for his own safety; that appellant negligently permitted a ventilator window-sash and pane of glass, in one of the ventilator windows of the coach in which .appellee was being carried, to be loose, in consequence of which it fell upon the head of appellee, cutting a gash in his head and causing concussion of his brain and a depression of his skull, whereby he became sick and suffered -pain for a long time thereafter, continued to he sick and suffer pain, and became mentally deranged and continues to be mentally deranged. And that by reason of such injuries he .has sustained damages to the amount of $30,000. To the ¡declaration appellant pleaded not guilty.
The established and undisputed facts are that appellee, a boy twelve years old, on May 18, 1902, in company with his uncle, was a regular passenger on one of appellant’s passenger^ trains, on his way from Union Station, St. Louis, Missouri, to Makanda, Illinois, and while seated in one of the regular passenger coaches composing the train, was struck upon the bare bead by a falling ventilator window consisting