Chicago & Alton Railroad v. Fears

Citations

• 53 Ill. 115

Syllabus

<p>Contributory negligence. In an action against a railroad company, to recover for injuries received by the plaintiff’s wagon coming in collision with a passing train, it appears the plaintiff was approaching a railroad crossing with his wagon and team, and when at a distance of thirty yards from the crossing, he saw the smoke of the locomotive of the approaching train; could have stopped before reaching the track, but did not check the speed of his horses until he reached the track, when the pole of his wagon struck the train, or was struck by the train, and the wagon was overturned: Held, that the plaintiff was guilty of such recklessness that he could not recover, even though the bell upon the locomotive was not rung or the whistle sounded.</p>