Illinois Central Railroad v. Chambers

Citations

• 71 Ill. 519

Syllabus

<p>1. New trial—verdict against the evidence. Whilst it is true that, where there is a conflict of evidence, the decision of the jury will not be disturbed, especially where the court can see, from the whole case, that justice has been done, yet, where that decision is so clearly against the preponderance of the evidence as to amount to a perversion of justice, it will be set aside.</p> <p>2. Contributory negligence — leaping from a train when in rapid motion. Where a passenger on a railroad train, having a ticket entitling him to stop at a given station, leaps from the train whilst in rapid motion, . under the apprehension that he would be carried past his stopping place, his want of care in so doing is such as to prevent his recovering damages for an injury occasioned thereby.</p> <p>% 3. Railroads—liable for carrying passengers past stations.. If a railroad company carry a passenger beyond a station to which he is ticketed, without his consent, and without affording him a reasonable opportunity to leave the train, he has a right of action for whatever damage he may sustain by reason thereof.</p>