Chicago & Alton Railroad v. Michie

Citations

• 83 Ill. 427

Syllabus

<p>1. Pleading and evidence —must correspond. To entitle a party suing, to recover in an action, lie must allege the facts on which his claim to a recovery is based, and these facts must be proved. In other words, the allegations and proofs must correspond.</p> <p>2. In a suit against a railway company to recover for the death of plaintiff’s intestate, where the declaration alleges that deceased was a passenger ou defendant’s train when the accident occurred causing his death, and washeing carried for hire, or was on the train hy request of the company, and there was no proof that he was a passenger paying his fare, or went upon the train as a passenger, hut, on the contrary, the proof showed he was upon the engine wrongfully, ia express violation of the rules of the company, no recovery can be had.</p> <p>3. Negligence—liability of railroad company for the death of one wrongfully riding on engine. Where a person, through stealth, wrongfully gets upon an engine of a railway company, without the consent of any officer or agent, and in violation of the rules of the company, of which he has knowledge, for the purpose of being carried without the payment of fare, and he is killed by a collision, the company will not he liable in damages to his personal representative.</p> <p>4. Railroads—'liability as carriers of passengers. Where a carrier undertakes to carry a person, either with or without reward, he is obliged to use proper care and diligence to carry safely, and for a neglect he will be responsible.</p> <p>5. Same—power of engine driver to permit persons to ride on engine. The engine-driver of a railway company has no authority or right to say who shall be upon the train, or give permission to any one to ride upon his engine against the rules of the company. The conductor, having control of the train, might, perhaps, give such permission; and if he knows that a party is so riding on the engine, and suffers him to remain, his act may be considered that of the compan