Gyurky v. Pullman Railroad Co.

Full title: John Gyurky, Appellee, v. Pullman Railroad Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: Jun 1, 1942

315 Ill. App. 129 (Ill. App. Ct. 1942)

42 N.E.2d 142

Opinion

Gen. No. 41,975. (Abstract of Decision.)

Opinion filed June 1, 1942

RAILROADS, § 280^_ — weight and sufficiency of evidence as to trespassing. Where plaintiff had a verdict and Judgment for personal injuries sustained while in between freight cars at a place in railroad yards which was an unpaved pathway, whether plaintiff climbed upon a coal car for the purpose of taking coal, or was attempting to pass between the cars, he was a trespasser, and defendant owed him no duty except to refrain from wilfully and wantonly injuring him, and as there was no evidence supporting this charge, the judgment could not stand (Ill. Rev. Stat. 1941, ch. 114, par. 72; Jones Ill. Stats. Ann. 114.106).

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Superior Court of Cook county; Hon. GROVER C. NIEMEYER, presiding.

Reversed. Heard in first division, first district, this court at October term, 1941.

Knapp, Allen Cushing, for appellant;

Joseph L. Earlywine and Harlan L. Hackbert, of counsel;

Owens Owens, for appellee; Thomas L. Owens, of counsel.

Opinion by PRESIDING JUSTICE, MCSURELY.

"Not to be published in full." Opinion filed June 1, 1942.