Chicago City Railway Co. v. Robinson

Citations

• 127 Ill. 9
• 4 L.R.A. 126

Syllabus

<p>1. Negligence—as a question of law or of fact—circumstances making the question one purely of fact. It is only when the conclusion of negligence necessarily results from the statement of fact, that the court can be called upon to say to the jury that a fact establishes negligence as a matter of law.</p> <p>2. The fact that a person passing over a sidewalk crossing in a city, steps on the track of a street railroad, whether the cars accustomed to run thereon are horse cars or grip cars, without first stopping to look and see whether a car is approaching, is not, as matter of law, and without regard to surrounding circumstances, negligence and a want of ordinary care. The question of negligence and a want of ordinary care is, in such case, a question of fact for the jury, in the light of the attendant circumstances.</p> <p>3. Where street car tracks are in close proximity, the running of a car or train of cars in one direction at a rapid speed, without signal or warning, over a sidewalk crossing, while a car or train bound in the opposite direction is discharging passengers at such crossing, and where the view of the approaching train is obstructed by the standing cars from which the person injured had just alighted, is such conduct as fairly tends to prove culpable negligence, even though the rate of speed of the approaching train does not exceed that allowed by ordinance; and it can not be said, as matter of law, that such conduct is not negligence.</p> <p>4. Same—injury to a child—of imputing negligence to parent. An instruction in an action to recover for the death of a child six years old by negligence of the defendant, based upon the fact that the child itself was in the exercise of ordinary care when he was killed, need not contain any reference to the, care or negligence on the part of its parent.</p> <p>5. Where a child killed through defendant’s negligence was in the exercise of ordinary care and prudence, the question of the degree of care and vigilance