Opinion
Gen. No. 43,856. (Abstract of Decision.)
Opinion filed February 3, 1947 Released for publication February 17, 1947
CARRIERS, § 680 — sufficiency of evidence of relationship in case of person attempting to board elevated train. In action against common carrier of passengers for personal injuries sustained by plaintiff when he attempted to board one of defendant's elevated trains on platform of defendant's station and door of train closed on plaintiff's foot, wherein plaintiff based his claim on existence of relationship of carrier and passenger at time of accident, and plaintiff testified that he was in the act of boarding the car when suddenly the door was closed and the train started, held that, under all of the evidence in the case, the relation of carrier and passenger prevailed, notwithstanding fact that conductor rang the bell for motorman to proceed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN F. BOLTON, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the October term, 1946.
Gardner, Morrow, Fowler Merrick and James K. Miller, for appellant;
Walter M. Fowler, of counsel;
Thomas M. Morris and Sears Streit, for appellee;
Barnabas F. Sears and Ralph C. Putnam, Jr., of counsel.
Not to be published in full.Opinion filed February 3, 1947; released for publication February 17, 1947.