Toledo, Wabash & Western Railway Co. v. Maine

Citations

• 67 Ill. 298

Syllabus

<p>1.' NeoIiIGEnce—ca/relessness in unloading ccor, resulting in personal vnjw'y. Where the plaintiff, while lawfully passing along the passenger platform of a railway company, to the depot building, to ascertain the time of departure of a certain train, was struck and injured by a piece of timber, thrown from a box car standing on the track, which car the employees of the company were, at the time, unloading, he having no previous warning of danger: Held, in an action on the case, that the railway company was liable to the plaintiff for the injury.</p> <p>3. iNS.raucTioits—repeating. Where a refused instruction is essentially embraced in others which are given, there will be no error in its refusal.</p>