Chicago & Eastern Illinois Railroad v. Goyette

Citations

• 133 Ill. 21
• 24 N.E. 549

Syllabus

<p>1. Negligence—combustible materials on right of way—d/uty of railroad, companies. Under section 2 of the act of 1874, in relation to fencing and operating railroads, making it the duty of all railroad corporations to'keep their right of way clear from all dead grass, dry weeds and other dangerous combustible material, a failure of a railway company to keep its right of way clear of combustible material other than dead grass and dry weeds can not be held to be negligence per se, unless such combustible material is dangerous; but a failure to perform a duty commanded by statute may be properly denominated negligence per se.</p> <p>2. In an action against a railway company, to recover for the burning of the plaintiffs property by fire communicated by an engine to the right of way, the court, for the plaintiff, instructed the jury, “that if the right of way was not clear of dry weeds and combustible materials, but that the fire took on said right of way in consequence of such combustible material being there, and was thus communicated to the plaintiff’s property,” then, in the law, the defendant would be liable, without regard to the condition of the engine: Held, that the instruction should properly have used the word “dangerous” before the words “combustible materials;” but as the only combustible materials shown to have been upon the right of- way were dead grass and dry weeds, the omission of that word was harmless error.</p> <p>3. Same—escape of fire from, locomotive engine—use of proper appliances. To overcome the prima facie inference of negligence, which arises from the mere fact that damage has been caused by fire communicated from a locomotive engine, it must appear, not only that the engine was provided with the best and most approved appliances, but also that they were at the time in suitable order and repair, and that there was no negligence in their use and management.</p> <p>4. Pbactice—special questions to the jury—failure to return proper answers. Th