Opinion
Gen. No. 40,719. (Abstract of Decision.)
Opinion filed January 22, 1940. Rehearing denied February 5, 1940.
STREET RAILWAYS, § 131 — alighting passenger injured, sufficiency of evidence. Where passenger on electric train opened door when trainman failed to do so and was thrown violently to platform when train started up as he was alighting, another passenger testifying that train was standing still when plaintiff started to alight, question of negligence of defendant in maintaining look-out for passengers and starting suddenly was for jury, and evidence supported finding for plaintiff.
See Callaghan's Illinois Digest, same topic and section number.
O'CONNOR, J., dissenting.
Appeal from Circuit Court of Cook county; Hon. RAY D. HENSON, presiding. Affirmed. Heard in first division, first district, at June term, 1939; opinion filed January 22, 1940; rehearing denied February 5, 1940.
Gardner, Foote, Morrow Merrick, for appellant; Walter M. Fowler and Robert L. Elliott, Jr., of counsel; Rohde, Epstein Steinberg, for appellee; Abraham Miller, of counsel.
"Not to be published in full."