Toledo, Wabash & Western Railway Co. v. Beggs

Citations

• 85 Ill. 80

Syllabus

<p>1. Plea to the jurisdiction—amended decimation. After a defendant has pleaded the general issue to the original declaration, and the declaration is amended, but not' so as to make a new or different case, the defendant will not have the right to plead specially to the jurisdiction of the court.</p> <p>2. Receiver—appointment of, will have no effect on pending suits. The appointment of a receiver for a railway corporation, placing the road, etc., under his control, furnishes no ground for the continuance of a suit regularly brought against the corporation prior to such adjudication. Putting the property of the corporation into the hands of a receiver will not abate, continue or bar such pending action.</p> <p>3. Variance—proof of cause of action not in pleadings. In case, against a railway company, to recover for a personal injury alleged to have been produced by a defective wheel, defective ties, and the .unskillfulness of the company’s servants, it is error to permit the plaintiff to introduce evidence tending to show the accident was caused by the high rate of speed the train was run.</p> <p>4. Negligence—breaking of wheel. Where an injury to a passenger on a railroad train is the result of the breaking of a wheel to the coach, and it appears that such wheel was made by one of the most skillful manufacturers, and had previously been thoroughly tested hy’skillful and experienced men and no defects perceived, and such a wheel is in extensive use, the company will not he liable for negligence; nor will the company he liable in such case for defects in a rail, which do not contribute to the injury.</p> <p>5. Same—presumed from breaking of cm wheel. Where a car wheel, while iu operation, breaks, and thereby a passenger is injured, negligence in the company will he presumed, but this may he rebutted by the company.</p> <p>6. Railroad—liability to a passenger who is guilty of a fraud. A party traveling in a railroad coach on a free pass issued to a different person, w