Chicago, Rock Island & Pacific Railway Co. v. Herring

Citations

• 57 Ill. 59

Syllabus

<p>1. Passenger—removal from, railroad train. Where a passenger went upon a train of cars, and offered a worthless piece of paper, claiming it to be a pass, and on being informed that it was not a pass, and the passenger refused to pay fare or leave the train, the servants of the company had a right to remove such passenger from the train at a regular station, and they may use the necessary force for the purpose.</p> <p>2. Measure of damages. In such, a case, it is error to instruct the jury, in estimating damages, that they may consider whether the plaintiff in good faith believed she had a pass, and offered it in good faith, although the paper was not a pass. It was the duty of the passenger, on being informed that it was not a pass, to either pay the fare or leave the train at the first station.</p> <p>8. Force—unnecessary. If, in such a case, the employees of a railroad company use more force than is necessary, then the company would be liable to damages, and the question of the good faith of the passenger, believing she had a valid pass, is wholly immaterial in assessing damages.</p> <p>4. New trial—verdict against the evidence. Even where the evidence is conflicting, if it preponderates strongly in favor of defendant, a verdict against him should be set aside and a new trial granted, and if refused, the judgment will be reversed for that error.</p> <p>5. Instruction—not calculated to mislead. Although an instruction may not be properly limited, still if it is not calculated to mislead, that is not ground for reversal.</p> <p>6. Exemplary damages. It is not error in such a case to instruct the jury, that if the servants wilfully and negligently injured plaintiff, they would be authorized to give exemplary damages; as they were engaged in the furtherance and execution of the business of the company, the company were liable for the misconduct and negligence of their servants when thus engaged.</p>