Chicago, Burlington & Quincy Railroad v. Damerell

Citations

• 81 Ill. 450

Syllabus

<p>1. Railroad company—duty of, to ring tell or sound a whistle. The precaution which the statute requires of a railroad company, upon its cars approaching a public crossing, is to ring a bell or sound a whistle, and the company does its duly in this regard, by ringing a bell without blowing the whistle.</p> <p>2. Same—not required to stop train at a crossing. It is not the duty of the engine-driver, on nearing a road crossing, to stop his train for the purpose of avoiding a collision with a team he may see approaching the crossing.</p> <p>3. Negligence—of party injured by railroad collision. It is the duty of a person about to cross a railroad track, to look about and see if there is danger, and not to go recklessly upon the track; and if a person, well acquainted with the locality, and knowing that it is about time for a train to pass a crossing, heedlessly drives upon such crossing without looking to see if there are cars approaching, when, by looking, he could easily have seen an approaching train, he is guilty of gross negligence, and can not recover for any injury he may receive by reason of a collision with such train.</p>