Rockstroch v. Calumet & South Chicago Railway Co., 210 Ill. App. 250 (1918)

April 16, 1918 · Illinois Appellate Court · Gen. No. 23,314
210 Ill. App. 250

Mrs. Charles Rockstroch, Appellee, v. Calumet & South Chicago Railway Company and Chicago City Railway Company, Appellants.

Gen. No. 23,314.

(Not to he reported in full.)

Abstract of the Decision.

Cabbiebs, § 476 * —when verdict for plaintiff in action for injuries received while alighting from car not sustained 6y evidence. In an action by a street car passenger to recover for personal injuries received while alighting from a street car where the verdict was based upon plaintiff’s unsupported testimony that she was injured by the sudden starting of the car while attempting to *251alight therefrom at a street intersection, but the evidence was undisputed that she was picked up near the middle of the next block at a considerable distance from where she claimed to have fallen, and plaintiff became unconscious immediately after the fall, and there was no evidence that plaintiff was dragged any distance, evidence held insufficient to sustain the verdict for plaintiff and to show that she stepped off the moving car in the middle of the block.

*250Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Reversed with finding of facts.

Opinion filed April 16, 1918.

Statement of the Case.

Action by Mrs. Charles Bockstroch, plaintiff, against Calumet & South Chicago Railway. Company and Chicago City Railway Company, defendants, to recover for personal injuries sustained while a passenger in a car operated by the defendants. From a judgment for plaintiff for $450, defendants appeal.

William H. Symmes and Frank L. Kriete, for appellants; J. R. Cuilliams and William C. McHenry, of counsel.

Riohberg, Ickes, Davies & Lord, for appellee; Morgan L. Davies and John S. Lord, of counsel.

Mk Justice McDonald

delivered the opinion of the court.