Chicago & Alton Railroad v. Dillon

Citations

• 123 Ill. 570
• 15 N.E. 181

Syllabus

<p>1. Negligence—railway trains approaching highway crossings—duty as i0 S^tny signals. Independently of the statute on the subject, it is the duty of those having charge of a train of cars to give notice of their approacb at all points of known or reasonably apprehended danger. This is almost always done by the ringing of a bell or sounding a whistle, and frequently by both. In exceptional cases, when the highest degree of care is deemed advisable, flagging, is resorted to. These duties are enjoined by ^he common law, independent of any statute.</p> <p>2. Same—of the rule when the crossing is not a public highway. An action against a railway company for an injury by a passing train at an intersection of an avenue used by the public, on the ground of a failure to give the usual warning by bell or whistle, is not a statutory action, although there may be references in the declaration to the statutory duty, and the company can not escape liability for the injury on the ground that the avenue is not a public highway, in the sense of that term as used in the statute, requiring such warning before crossing public highways.</p> <p>3. Same — of the higher degree of care required at dangerous place. Where an approaching engine is concealed from the view of persons with vehicles approaching a highway crossing at a place of much travel, the duty of the railway company to operate its train at a moderate rate of speed, and to give the usual signals of its approach by the ringing of a bell or sounding a whistle, or both, is more imperative than at a place of less danger.</p> <p>4. Same—evidence to show signals were not given by a train approaching a highway crossing. On the trial of an action against a railway company'to recover damages for a personal injury by a collision at a highway crossing, the court allowed several witnesses to testify that they were near the crossing at the time of the accident, and did not hear any bell or whistle, and that, in their o'pinion, if the bel