Dallas v. East St. Louis & Suburban Railway Co., 203 Ill. App. 129 (1916)

Nov. 13, 1916 · Illinois Appellate Court
203 Ill. App. 129

Iva Dallas, Appellee, v. East St. Louis & Suburban Railway Company, Appellant.

(Not to be reported in full.)

Appeal from the Circuit Court of Madison county; the Hon. Louis Bernreuter, Judge, presiding. Heard in this court at the March term, 1916.

Reversed and remanded.

Opinion filed November 13, 1916.

Rehearing denied January 13, 1917.

Statement of the Case.

Action by Iva Dallas, plaintiff, against East St. Louis & Suburban Railway Company, defendant, to recover for personal injuries received by falling off one of defendant’s cars. From a judgment for plaintiff for $8,000, defendant appeals. For the case on a former appeal, see 188 Ill. App. 420.

*130Abstract of the Decision.

Carriers, § 476 * —when evidence is insufficient to sustain recovery for injuries resulting from sudden jerk of ear. In an action against a street car company for damages for injuries sustained by plaintiff in leaving its car, where the plaintiff stood practically alone in her testimony that the car after slowing down started up suddenly and gave a jerk which threw her off, and the evidence for the defendant greatly preponderated in showing that the car did not stop with a sudden jerk and that plaintiff did not stop in the vestibule of the car hut walked straight out and attempted to get off while the car was in motion, held that a verdict for the plaintiff was manifestly against the weight of the evidence.

Williamson, Burroughs & Ryder, for appellant.

Geers & Geers, for appellee.

Mr. Justice McBride

delivered the opinion of the court.