Chicago & Northwestern Railway Co. v. Peacock

Citations

• 48 Ill. 253

Syllabus

<p>1. Trespass — railroad company. Where a railroad conductor forcibly expels a passenger from the cars, between usual stopping places on the road, because he refuses to pay his fare: Held, That it is unlawful, and that trespass will lie for the injury.</p> <p>2. Same—justification, what is not. In such a case, where the passenger refuses to pay his fare, and informs the conductor that he will get off if he will stop the train, and when it stops refuses to do so: Held, That this does not authorize the conductor to forcibly expel him at aplace other than a regular station.</p> <p>3. New trial—excessive damages. Where a party sues a railroad company, for putting him off the cars, with force, at a place not authorized by law, and he recovers damages grossly in excess of the injuries ■ received, the verdict of the jury should be set aside by the court trying the cause, and failing to do so, the judgment will be reversed that a new trial may be had.</p>