Chicago & Alton R. R. v. Murray

Citations

• 62 Ill. 326

Syllabus

<p>1. Negligence—liability for personal injury caused by. In an action against a railroad company to recover for a personal injury to plaintiff on the ground of negligence in the servants of the defendant, the question is, through whose fault or uegligence did the injury occur; and if the plaintiff was guilty of contributory negligence, was it slight in comparison with that of the servants of the defendant ? If the negligence producing the injury is equal or nearly so, or that of the plaintiff is greater than that of the defendant, he can not recover, hut if his negligence was slight in comparison to that of defendant, he may recover.</p> <p>2. Same—instmction. In such a case, where the vital question was the comparative negligence of the plaintiff with respect to that to be attributed to the servants of the defendant, and the evidence on this point was conflicting and difficult to resolve, the court in two instructions for the plaintiff substantially told the jury that if the defendant by its servants, the engineer and fireman of the engine that caused the injury, were guilty of negligence in managing the engine, then the defendant was liable for such negligence: Held., that the instructions in themselves were erroneous, and that although other instructions in the series given for the plaintiff and defendant stated the law of comparative negligence accurately, yet the objectionable ones were calculated to mislead the jury in such a case.</p> <p>3. Instetjction—should be correct in itself without reference to others. Where the plaintiff’s right to recover depends not only upon the fact of negligence in the defendant, but also upon the degree of defendant’s negligence as compared with his own contributing to the injury, and the evidence is conflicting and doubtful, his instructions should each be correct in itself without reference to others in the series or those for the defendant. In such case an instruction that if the defendant’s servants were guilty of negligenc