Chicago & Alton Railroad v. Pondrom

Citations

• 51 Ill. 333

Syllabus

<p>1. Negligence—compared. Where a person traveling on a railroad car permits his arm to rest on the base of the window, and slightly project outside, and thereby has his arm broken in passing a freight train, the negligence of such person is slight, compared with the negligence of the company in permitting its freight cars to stand so near the track of its passenger train; and a recovery may be had for the injury sustained.</p> <p>3. Same—gross. It is gross negligence, on the part of a railway company, to permit cars or other heavy or permanent bodies to stand so near its tracks, that its trains, in passing over them, must pass within a few inches of such bodies.</p> <p>3. Same—plaintiff’s negligence slight—defendants’ gross. The rule must be considered as firmly established in this State, that in such cases, where the degree of negligence on the part of the plaintiff is slight, as compared with that of the defendant, he can recover.</p> <p>4. Hew teial—excessive damages. A verdict will not be disturbed on the ground of excessive damages, unless it is apparent that the jury acted under prejudice, passion or mistake; even though this court may consider the amount of damages large.</p>