Austin v. Chicago, Rock Island & Pacific Railroad

Citations

• 91 Ill. 35

Syllabus

<p>1. Contributory negligence—walking upon railway track without clue caution. The walking upon the track of a railroad without looking in both directions to discover approaching engines or trains, when the exercise of such precaution would discover the same, is such negligence as will preclude a recovery, unless the injury be willfully or wantonly inflicted by the railroad company.</p> <p>2. Where a person got in close proximity to a side track of a railroad, and was walking along the same when he was struck by a yard engine and killed, and it appeared he was well acquainted with the locality, and placed himself in this dangerous position when the approaching engine was very near to him, without looking back to see if any engine was on the track, and that the engine was too close to him when he got near the track to be stopped, it was held, that his negligence was so great as to preclude any recovery against the company by his personal representative.</p>