Chicago & Alton Railroad v. Gregory

Citations

• 58 Ill. 226

Syllabus

<p>1. Negugehoe—in railroads—injury to persons. A child not quite flye years old, and of diseased intellect, strayed to the railroad track, which was near the residence of its parents, in the village of Brighton, and was seriously injured hy a train of cars which passed through the village with great speed, and without stopping. The mother of the child had left the house but a few minutes before the accident, to perform a necessary household duty, leaving the child in the care of his sister eight years of age, and on her return discovered that he had strayed to the track, and before she could recover him he was struck hy the train and seriously hurt. In an action against the company, it was held, there was no negligence on the part of either the mother or injured child; hut that the company was chargeable with great negligence, in permitting one of its fastest trains to run with unabated speed through the town, where persons are liable at all times to be on the open track, and should be held responsible. j</p> <p>3. Same—rinfmts—when not chargeable with. Negligence can not be imputed to a oliild under five years of age, especially to one of less than' ordinary mental capacity.</p> <p>3. Nor in such case can it be said that the parent failed to exercise! reasonable care. The same rule should not he applied to persons dependent for support upon their labor, and to those whose means enable the' parent to give a constant personal attention to the care of children, or employ a person for that purpose.</p> <p>4. Damages—whether excessive. And, in such case, a verdict for §3,833.83 is not excessive; the plaintiff being a hopeless imbecile and without means of support.</p>