Central Railway Co. v. Allmon

Citations

• 147 Ill. 471
• 35 N.E. 725

Syllabus

<p>1. Negligence—street railway company—excessive speed of cars. If the average rate of speed fixed by the schedule of a street railway company is excessive, in view of the stops necessary to be made in the route, the company will be responsible for an accident occurring from the fact that one of its servants was speeding a car in conformity with the schedule of the company.</p> <p>2. Evidence—to show rate of speed of an electric car at the time of a ■collision. In an action against a street railway company to recover for a personal injury to the plaintiff by a collision of its cars with a buggy in which the plaintiff and two others were riding, evidence of the distance of the round trip of the cars, and of the schedule time for making such trip, is admissible in behalf of the plaintiff, in connection with other testimony introduced as to the rate of speed of the car at the time of the collision.</p> <p>3. If the round trip of the cars was about ten miles, and the time, as fixed by the company in its schedule, was one hour for making the round trip, proof of this tends to establish the average rate of speed as being ten miles an hour. While such evidence is not conclusive as to •such average rate of speed, yet it is admissible as tending to prove such .average rate.</p> <p>4. In such case, it is for the jury, looking at all the evidence, to say whether the man in charge of the car which collided with the buggy was unnecessarily driving the car at an excessive rate of speed, or whether the company had, by its schedule, fixed such a short time for making the round trip that the motor-man was obliged to go at an excessively rapid rate in order to make all the required stops and pass, over the length of the line within the prescribed time.</p> <p>5. In an action for a personal injury against a street railway company, based upon a charge of negligence in operating its cars at an excessive rate of speed, resulting in a collision, proof of the schedule time fixed by the co