Burling v. Illinois Central Railroad

Citations

• 85 Ill. 18

Syllabus

<p>1. Error will not always reverse — improper instructions. Where it appears, from, the evidence, that a verdict is so clearly right that, had it been different, the court should have set it aside, such verdict will not be disturbed merely for the reason that there is error found in the instructions.</p> <p>2. Negligence—running engine without a headlight. It is gross negligence for a railroad company to run its trains on a dark night, without a headlight.</p> <p>3. Same—contributory. Although it is gross negligence for a railroad company to run its trains in the dark without a headlight, yet one who, knowing the time for a train to pass, attempts to pass over the road in a hand car, at a time when the train, if on time, will meet and collide with him, is guilty of such negligence as will prevent a recovery by him.</p>