Illinois Central Railroad v. Sutton

Citations

• 42 Ill. 438

Syllabus

<p>1. Passengers—violating rules of a railroad company—can only be expelled from, train at a regular station. Where a railroad company carries passengers on a freight train, and in such cases, requires tickets to he purchased before entering the train, and a passenger disregards the rule, he can only he expelled at a regular station.</p> <p>2. Statute—penalty for violation of rules—construction of. The willful neglect to purchase a ticket at the time and place required hy the rules of the company, and a refusal to pay fare, are substantially the same offense against the rights of the road, and the penalty no greater for one than the other.</p> <p>3. -Railroad company—liable for expulsion of a passenger at a place other than a regular station. When a passenger, before the departure of the train, was informed of the rule requiring tickets to he purchased before entering the train, and he then sought to buy them, hut the office was closed, and then entered the train, and offered to pay his fare to the conductor, which was refused, and he was expelled from the train at a place other than a regular station,—Held, that the company was liable for such action.</p> <p>4. Evidence—declarations of a person injured—as to the cause of such injury—inadmissible.. The declarations of a person injured, made to his physician, as to the cause of such injury, are inadmissible in evidence.</p> <p>5. Expert—to what extent may be guided, in forming opinion, by the declarations of the injured party. A physician, in forming his opinion as to the cause of a patient’s bodily condition, must necessarily, to some extent, he guided by what the patient tells him, in detailing his sufferings, and not only the opinion thus founded in part upon such data is admissible, hut the physician may state what the patient said in describing his bodily condition, if such statements were made under circumstances which free it from all suspicion of having been spoken with reference to future litigation, and giv