{
  "id": 2844103,
  "name": "Edwin Nelson, Appellee, v. The Chicago, Rock Island and Pacific Railway Company, Appellant",
  "name_abbreviation": "Nelson v. Chicago, Rock Island & Pacific Railway Co.",
  "decision_date": "1914-01-12",
  "docket_number": "Gen. No. 18,377",
  "first_page": "489",
  "last_page": "490",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 489"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "227 Ill. 71",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5627100
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/227/0071-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Edwin Nelson, Appellee, v. The Chicago, Rock Island and Pacific Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Brown\ndelivered the opinion of the court.\n2. Cashiers, \u00a7 305 \u2014when exemption from liability on back of pass is invalid. The law of Illinois renders invalid as against a passenger for hire or consideration an exemption or waiver and release of liability for negligence which appears on the back of. a pass in these words: \u201cBy the acceptance and use of this ticket any and all claims on this company, whether due to negligence of its agents or otherwise, for injury to the person * * * of the holder are waived and released.\u201d\n3. Instructions, \u00a7 88 \u2014when giving of instruction as to preponderance of evidence not reversible error. The giving of an instruction on what the jury may consider in determining the preponderance of the evidence, the language thereof being identical with a similar instruction passed upon by the Supreme Court in Beering v. Bareak, 227 Ill. 71, held not of itself ground for reversal.\n4. Appeal and error, \u00a7 438 \u2014when objection for variance not preserved for review. Objection for variance between the declaration and the proof cannot be considered on review when not made the subject of objection or comment in the court below.",
        "type": "majority",
        "author": "Mr. Justice Brown"
      }
    ],
    "attorneys": [
      "M. L. Bell and A. B. Enoch, for appellant.",
      "Horton, Wickett, Miller & Meier, for appellee; George J. Meier and John Irrmann, of counsel."
    ],
    "corrections": "",
    "head_matter": "Edwin Nelson, Appellee, v. The Chicago, Rock Island and Pacific Railway Company, Appellant.\nGen. No. 18,377.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Carriers, \u00a7 313 \u2014when employe riding on pass is a passenger for hire. An employe of a railroad company riding on a coupon pass to and from his place of work, held a passenger for hire and for a consideration, the consideration being that the company was enabled to draw its employes from a larger body subject only to the expense of their transportation.\n\u25a0 Appeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding.\nHeard in this court at the March term, 1912.\nAffirmed.\nOpinion filed January 12, 1914.\nRehearing denied January 26, 1914.\nCertiorari denied by Supreme Court (making opinion final).\nStatement of the Case.\nAction by Edwin Nelson, a minor, by N. A. Nelson, his next friend, against The Chicago, Rock Island and Pacific Railway Company to recover for injuries sustained by plaintiff alleged to have been caused by defendant\u2019s negligence in suddenly starting its cars while plaintiff was attempting to alight from the front platform of one of defendant\u2019s ears at a railroad station. From a judgment in favor of plaintiff for ten thousand dollars, defendant appeals.\nAppellant complains that the verdict is against the weight of the evidence; that court erred fin refusing to give a peremptory instruction for defendant; that the court erred in giving and refusing certain instructions ; and that there is a variance between the allegations of declaration and the proof as to the place of injury.\nM. L. Bell and A. B. Enoch, for appellant.\nHorton, Wickett, Miller & Meier, for appellee; George J. Meier and John Irrmann, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV,, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0489-01",
  "first_page_order": 513,
  "last_page_order": 514
}