Barthel v. Illinois Central Gulf Railroad

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that statutes in derogation of common law will not be found to abrogate common law affirmative defenses “unless it plainly appears that the intent of the statute is to impose strict liability”
• recognizing that statutes in derogation of common law will not be found to abrogate common law affirmative defenses “unless it plainly appears that the intent of the statute is to impose strict liability”
• courts will “read nothing * * * by intendment or implication” into statutes in derogation of the common law
• no strict liability where violator of statute could “avoid[] liability by showing he exercised due care”
• “[S]ection [5-201] of the Public Utilities Act will support an action for personal injuries resulting from a violation of ICC rules.”
• “Rules 342 and 344 *** provide that flashing light signals shall operate for not less than 20 - 14 - seconds before a train approaches a crossing and continue to operate until the rear end of the train clears the crossing.”

Source: CourtListener parenthetical corpus (CC0).