Chicago, Burlington & Quincy Railroad v. Dougherty

Citations

• 110 Ill. 521

Syllabus

<p>1. Negligence—of railway company in giving signals at public road crossings. The statute (chapter 114, section 43,) requires every railroad corporation to cause a bell of at least thirty pounds weight to be rung or a steam whistle to be sounded at the distance of at least eighty rods before a public highway is reached by a train or locomotive, and kept so ringing or being sounded until the highway is reached; and when this is done, the railroad company has discharged its duty imposed by the statute, whether such signal given is heard or not. The statute does not require the giving of such signals of the approach of a train as to enable others absolutely to ascertain its approach and avoid being injured.</p> <p>2. If a railway company has such a bell on an engine attached to a train as the statute requires, and it is rung in the manner required, then, so far as giving signals before the train reaches a public highway crossing is concerned, the company is without blame, whether the signal so given is observed or heeded, or not, by one attempting to cross the railroad track on the public highway.</p> <p>3. Where the evidence is conflicting as to the fact whether a railway company, on the approach of one of its trains to a public road crossing, gave the statutory signals, it is error to state in an instruction, in a suit to recover damages for a personal injury to one while crossing the railroad track on a public highway, that if the defendant failed to give such signals of the approach of the train as to enable the person injured or killed to ascertain its approach and avoid injury, the company is liable.</p> <p>4. Appeal—damages on affirmance. Section 23, chapter 33, relating to costs, which authorizes ten per cent damages when the Supreme Court shall be of opinion that an appeal is prosecuted for delay, has no application to a case which is contested in good faith in that court. It applies only to cases appealed and not prosecuted, or such as are not prosecuted in