Opinion
Gen. No. 41,433. (Abstract of Decision.)
Opinion filed April 14, 1941.
STREET RAILWAYS, § 131 — passenger on steps knocking intending passenger down, evidence. Where plaintiff attempting to board slowly moving street car from safety island was injured when struck by a man who jumped on the moving car, jostling several persons who were standing on the safety island, plaintiff improperly had judgment below because the evidence showed that at that time of day the safety island was not the regular stopping place for the street car, and the fact the car slowed down was not an invitation to intending passenger to board it.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. PAUL MCWILLIAMS, presiding.
Reversed and remanded. Heard in first division, first district, this court at October term, 1940.
Frank L. Kriete, Charles C. Cunningham and Arthur J. Donovan, for appellants;
John R. Gulliams, of counsel;
V. Russell Donaghy, for appellee;
David A. Schalman and Joseph P. Power, of counsel.
"Not to be published in full." Opinion filed April 14, 1941.