Ohio & Mississippi Railroad v. Schiebe

Citations

• 44 Ill. 460

Syllabus

<p>1. Railroad—negligence. Where a passenger on a railroad attempts to pass from a train in motion, and not at a station, and is warned not to get off at that place, and the conductor takes hold of him to prevent him from passing from the car, — held, that the passenger is guilty of negligence if he passes from the train, and receives injury thereby.</p> <p>2. Same. It is not negligence to run a passenger train on the side track, where it is necessary to permit a freight train too long to run into the side track, to pass, when the evidence shows that such a course was not unusual.</p> <p>3. Verdict — against the weight of evidence. Where a verdict is manifestly against the weight of evidence, the court should on motion set it aside and grant a new trial, and failing to do so, this court will reverse for error.</p>