delivered the opinion of the court.
Reynolds v. Alton, Granite City & St. Louis Traction Co., 183 Ill. App. 538 (1913)
Oct. 9, 1913
·
Illinois Appellate Court
183 Ill. App. 538
Joseph C. Reynolds, Appellee, v. Alton, Granite City & St. Louis Traction Company, Appellant.
(Not to be reported in full.)
Abstract of the Decision.
1. Instructions, § 121 * —when instruction must include all ele'ments necessary to be proved. An instruction directing a verdict for plaintiff and assuming to be a complete statement of the case must include all the elements necessary to be proved by plaintiff.
2. Carriers, § 482 * —when instruction ignoring essential elements is erroneous. In an action for personal injuries alleged to have been caused by the sudden start of a street car while plaintiff was attempting to board it, there being conflicting evidence as to the time and place where the injury occurred, an instruction which directs a verdict for plaintiff without reference to the time and place of injury, held reversible error.
Appeal from the Circuit Court of Madison county; the Hon. William E. Hadley, Judge, presiding. Heard in this court at the March term, 1913.
Reversed and remanded.
Opinion filed October 9, 1913.
Rehearing denied November 5, 1913.
Statement of the Case.
Action by Joseph C. Reynolds against Alton, Granite City & St. Louis Traction Company, a corporation, to recover damages for injuries sustained by plaintiff, alleged to have been caused by defendant suddenly starting its car while plaintiff was attempting to board it at a street intersection. From a judgment in favor of plaintiff for six thousand dollars, defendant appeals.
Williamson, Burroughs & Ryder, for appellant.
C. H. Burton, for appellee.