Illinois Central Railroad v. Latimer

Citations

• 128 Ill. 163
• 21 N.E. 7

Syllabus

<p>1. Bond pob costs—in smt in behalf of minor—at what stage of the suit it may be filed. An action brought by the next friend of an infant ■without an order of appointment or the filing of a bond for costs, will not be dismissed, if such bond be given when so ordered by the court. The giving of the bond for costs is not a jurisdictional matter.</p> <p>2. Bailboads—removing passenger for non-payment of fare—circumstances to be considered—what is a regular station. In an action of trespass by a girl of about six years of age, against a railway company, for putting her off the train at a point about half a mile from its depot, but within the same town, for non-payment of fare, there is no error in allowing the plaintiff to prove that there was an extra train following the one from which the expulsion was made. The fact that in a few minutes a train was expected to arrive at the place of expulsion, is a circumstance proper to be considered by the jury in connection with all the other facts upon the question whether it was proper or improper for the conductor to put the plaintiff off at that particular point.</p> <p>3. The regular stations on a railway at which the conductor is authorized, by section 94, chapter 114, to remove, or cause to be removed, a passenger for a refusal to pay fare, are the places on the railway where passenger trains usually stop for the purpose of having passengers get on and off such trains. The statute does not authorize the expulsion of a passenger for non-payment of fare at any place in the town or village in which the company may have its passenger depot building, other than at such depot platform.</p> <p>4. Evidence—opinions of experts. In a suit by a child six years old, against a railway company, to recover for injury sustained by ejecting her from a train, the plaintiff endeavored to prove that she was suffering from heart disease, produced by the fright she received when put off the train, and asked physicians whether fright would pro