Chicago & Alton Railroad v. McLaughlin

Citations

• 47 Ill. 265

Syllabus

<p>1. Negligence—where the plaintiff alone is in fault. Where, in an action against a railroad company for injuries received by the plaintiff from the alleged carelessness of one of the defendant’s employees, the evidence disclosed no omission of duty, or wrongful act on the part of the servant, whereby such injuries resulted, the company cannot be held liable, the plaintiff alone being in fault.</p> <p>2. Railkoad companies—concerning duties of. It is no part of the duty of a railroad company to maintain a guard over their cars left standing upon its track, in ordey to keep children, playing about them, from getting upon or under them, and thereby save them from injury.</p> <p>3. Where a freight ear is standing upon a railroad track, separate from any other car or engine, and the yard-master mounts the car to loosen the brakes, it is not his duty to give any signal before the brakes are loosed, lest the car might move, when he has no reason to suppose any person would be endangered thereby, although, when he mounted the car, there were boys near the car, beside the track.</p>