Chicago, Burlington & Quincy Railroad v. Warner

Citations

• 108 Ill. 538
• 1884 Ill. LEXIS 1513

Syllabus

<p>1. Negligence — contributory negligence, as, in uncoupling cars. ■Where a railway company has in use on its road, freight cars without end ladders, steps and handles, which adjuncts are necessary in coupling or uncoupling while the ears are in motion, and a freight conductor is cognizant of this fact, it is clearly his duty, before attempting to pass from the side to the end of the ear for the purpose of uncoupling it, to ascertain whether it is one of that kind, and if he finds it is, it is negligence on his part to attempt to make the uncoupling while the train is in motion.</p> <p>2. So in an action by such conductor against the company, to recover for a personal injury received while attempting to uncouple a car having no ladder or steps or handles at its end, the defendant asked an instruction “that it was the duty of the plaintiff, before attempting to uncouple the car in question, to use ordinary and reasonable care to ascertain whether it was safe to do so or not while the train was in motion; and if the jury believe, from the evidence, that it was not safe for the plaintiff to uncouple said ear at the time he attempted it, and the plaintiff knew, or might by the exercise of ordinary care have known, that it was not safe to attempt it, then” he could not recover: I-Ield, that the instruction was proper, and that it was error to refuse it as asked.</p> <p>3. Same—measure of damages—by whom, to be determined. In cases of negligence resulting in the infliction of a personal injury, the damages, to a large extent, rest in the discretion of the jury. About all the court can do is to confine the jury in their assessment 'to such‘damages ns are shown by the evidence to result necessarily from the injury complained of.</p> <p>4. Evidence—facts not necessary to be proven. No proof is required of facts which everybody is presumed to know. When such facts become material, it is the duty of courts and jurors to take notice of them, and act upon them without proof.</p