Chicago & Iowa Railroad v. Russell

Citations

• 91 Ill. 298

Syllabus

<p>1. Negligence—permitting obstruction near passing railway cars. A railway company permitted a telegraph pole to stand, for a period of some three years, 80 near to a side track that it was within eighteen inches of freight cars passing on such track, so that a brakeman in descending from the top of a freight car while in motion, in the performance of his duty, came in collision with the pole, and was thrown from the car and killed. It was held to be culpable negligence in the railroad company to permit, for so long a time, such an obstruction to be in such close proximity to its track.</p> <p>2. Nor was it essential to the liability of the railroad company, in case of injury resulting from such obstruction, that it should itself have placed the telegraph pole where it was. It was enough that the company should have suffered it to be and remain in such dangerous proximity to the track.</p> <p>3. Same—of notice to the company. In November, 1875, a brakeman on a railway train was killed by reason of coming in collision with a telegraph pole which was in close proximity to the track. There was the testimony of one witness that he had known of the telegraph pole being where it was since in March, 1875, and of another, a brakeman on the road, that he once came in contact with the same pole in 1872: B.eld, from the length of time of the telegraph pole standing where it did, as shown by the evidence, the jury were warranted in finding that the company knew of it—that they ought to have known of it, and so might be considered as having notice.</p> <p>4. Contributory negligence—as to injury received by an employee on a railroad. Some freight cars were standing on a side track, to be attached to a train which was upon the passing track of the road. A locomotive and one car were switched on to the side track, a brakeman coupled the cars, and as they were moving out he climbed up on the side of a car next to the passing track, but, finding another brakeman on the top of one o