Chicago & Alton Railroad v. Garvy

Citations

• 58 Ill. 83

Syllabus

<p>1. Negligence—what constitutes. In an action under the statute for a wrongful killing, it appeared, from the evidence, that the deceased was killed on a dark night, at the crossing of a public street, in frequent use, while attempting to cross a railroad track, by a train of freight cars, which had been detached from the engine, and was running along the track under the control of no person, without any light or signal being given of its approach: Held, that these facts constituted great negligence on the part of the railroad company, for which it must be held responsible for the damages sustained.</p> <p>2. Damages—whether excessive. And in such case a verdict for $2,400, was held not excessive.</p>