Illinois Central Railroad v. Ebert

Citations

• 74 Ill. 399

Syllabus

<p>1. Negligence — injury resulting from, want of outlook on railroad ca/rs being pushed. Where a person driving a team in a city on a very cold and blustering day, being muffled up to protect himself from the severity of the cold, while driving across a track near a public elevator, was struck by a car being propelled by an engine in the rear, and severely injured, and there was no one stationed on the car or on the ground to give warning, and it appeared, if there had been, the injury might have been avoided, it was held, that as the injury was the result of negligence on the part of the company, it was liable in damages to the injured party.</p> <p>2. Damages — whether excessive. A verdict of §10,000 damages in favor of one severely injured by negligence of a railway company, when the plaintiff was only a day laborer, and not wholly disabled, and the negligence was not reckless, was held so excessive as to justify the inference the jury were actuated by prejudice and passion, and should have been set aside. But a remittitur of §6,000 having been entered, and judgment entered for §4,000, it was held, that this was not so excessive as to justify a reversal.</p>