Chicago West Division Railway Co. v. Hughes

Citations

• 69 Ill. 170

Syllabus

<p>1. Instruction—should not place right of recovery on grounds not involved in the pleadings. Where the gist of an action was negligence in the servants of a street railway, whereby the plaintiff was carelessly run over and injured, it was held error to modify an instruction asked by the defendant, submitting the question of negligence fairly to the jury, by submitting other matters of inducement merely, and not of the substance of the charge, and which, if true, would make a different cause of action, and especially where there was no proof of such other matter.</p> <p>2. Negligence—not stopping street car. Where a passenger falls off a street car when in full motion, in front of the wheels, and the servants in charge of the same know that he is off the car, and holding on to the iron rail to save himself from being run over, it is culpable negligence if they do not stop the car, and thereby save him from injury.</p> <p>3. Excessive damages—personal injury. Where a city railway company was sued for damages sustained through the negligence of its servants, and it was alleged that the plaintiff was pushed off the end of the car in front of the wheels, while the car was in rapid motion, and that he caught to the iron railing and held on for a time sufficient to have stopped the car after those in charge knew of his perilous position, but they neglected to stop the same, and that his hold finally gave way, and the wheels run over his arm, it was held, that if the facts had justified the finding of the company guilty, §3000 damages were not excessive.</p>