[Download] "Katamay v. Chicago Transit Auth." by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Katamay v. Chicago Transit Auth.
- Author : Supreme Court of Illinois
- Release Date : January 20, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Rehearing denied November 29, 1972. The circuit court of Cook County entered judgment upon a jury verdict in the amount of $27,500 in favor of plaintiff, Eleanora Katamay, and against the defendant, Chicago Transit Authority. Defendant appealed and the appellate court reversed the judgment and remanded the cause to the circuit court with directions to enter judgment for defendant notwithstanding the verdict in favor of plaintiff (273 N.E.2d 510). We allowed plaintiff's petition for leave to appeal. The facts are sufficiently stated in the opinion of the appellate court and we need only state here that plaintiff was standing on defendant's elevated platform waiting to board defendant's train; defendant's train stopped at the platform, its doors were opened, several people boarded, and that as plaintiff started toward the train she fell; her shoes were off her feet and the heels were wedged in the spaces between the wooden planks of the platform. The appellate court stated that Davis v. South Side Elevated R.R. Co., 292 Ill. 378, was dispositive of the issue, held that plaintiff, as a matter of law, was not a passenger at the time of her injury, and defendant, therefore, did not owe her the highest degree of care; that it owed her the duty of ordinary care but that no breach of that duty was shown for the reason that plaintiff's evidence failed to show that defendant had either actual or constructive notice of the condition which caused her to fall.