Chicago & Alton Railroad v. Pillsbury

Citations

• 123 Ill. 9
• 14 N.E. 22

Syllabus

<p>• 1. Carbides op passengebs—duty of carrier to provide for the safety ■of passengers, cmd to avoid dangers—and herein, in respect to dangers not usually incident to travel. The carrier of passengers must omit no care to ■discover and prevent danger and injury to a passenger or passengers that is reasonable and practicable. The public exigency and security demand this much of the carrier, at all times and under all circumstances.</p> <p>2. In regard to the selection of suitable machinery and cars, the fitness ■of the road, both as to manner of construction and materials used, and in the use of all appliances adopted for the government .or moving of trains, and in regard to the selection and retention of competent and faithful servants, the carrier of passengers by rail is obligated to the highest reasonable and practicable skill, care and diligence. But as to dangers and perils not incident to any mode of travel, the rule of liability imposed on the ■carrier by law is less stringent.</p> <p>3. In regard to danger and hazard to railway passengers arising otherwise than on the train, and not incident to such mode of travel, the degree ■of care to be observed to discover and prevent all danger to and consequent injuries to passengers, will depend largely on the attendant circumstances. In many cases, if the carrier observes ordinary care and diligence to discover and prevent injury to passengers, it will be exonerated from liability. In other cases, and under different circumstances, it will be the duty of the-carrier to exercise the utmost care, skill and diligence to protect the passenger, so far as the same may be done by the exercise of such care, skill and diligence, in respect to such dangers as can be reasonably and practicably foreseen in time to prevent injury.</p> <p>4. Same—as to the danger of an attack upon a railwa/y tram by a mob-of strikers—duty of the cwrier as to the safety of passengers. Where, by the exercise of ordinary care, danger to passengers