Citations
- 78 Ill. App. 236
Full opinion text
Mr. Presiding Justice Glenn
delivered the opinion of the court.
This is an action on the case to recover damages in consequence of injuries inflicted on appellee by the agents and employes of appellant. The declaration contains two counts. In the first it is alleged that appellee was upon a ear of appellant’s train, which was in rapid motion, and that the conductor of the train ordered appellee to- alight therefrom; that the conductor, in a willful and wanton manner, used threatening language toward appellee, and made an attack upon him, and with force and violence attempted to throw him from the car, and to escape being thrown from the ca.r, appellee got off the same rapidly while it was in rapid motion, by reason of the threats and intimidations of the conductor, and to avoid being thrown off; that in getting off appellee used ordinary care, but was thrówn with great force and violence upon the ground, and received great, serious and permanent injuries, to wit, had his foot bruised,' sprained, and certain bones thereof broken, and had his body otherwise scarred and greatly bruised; that he was ruptured by the fall, and received permanent injuries, etc.
The second count is substantially like the first, with the additional averment that when ordered to get off the train he offered to pay his fare to the conductor.
The case was tried by the court with á jury that returned a verdict for appellee for $700. Upon the overruling oí a motion for a new trial, judgment was entered upon the verdict.
The appellant relies alone" upon his first assignment of errors for a reversal of this case, which is: “ The court erred in giving improper instructions at the instance of appellee.” In his brief he limits his objections to the first, second and fourth instructions of appellee, which are as follows:
“ 1. The court instructs you that even if you do believe from the evidence that the plaintiff had no right' on that train, and the conductor, in discharge of his duty as manager of the train, undertook to put him off, the law requires the conductor to act in a prudent manner, to exercise due care for the safety of the plaintiff, and if he failed to do so, and in consequence the plaintiff was injured, the defendant is liable.
2. The court instructs the jury that if you believe from the evidence that the defendant is guilty of the negligence charged in