Chicago & North-Western Railway Co. v. Donahue

Citations

• 75 Ill. 106

Syllabus

<p>1. Negligence — liability of railway company to an employee for an injury resulting from. It is the duty of railroad companies to their employees to furnish a sufficient number of hands to operate their trains with safety. But where an employee, whose duty it was to turn switches, couple cars and give signals, was run over and injured by the backing of a train on the private grounds of the company, while he was engaged in his duty, it was held that the company was not guilty of negligence or liable to the servant in not providing rules whereby a watchman should have been kept on the rear end of the train that produced the injury, the proof showing there was a watch or lookout kept from the engine.</p> <p>3. Same—servants presumed to contract with reference to the hazards of their employment. Employees of a railway company are presumed to contract with reference to the hazards incident to the service. It is not the duty of such a company to place one employee on the lookout to warn others of approaching danger. It is their duty, without warning, to observe due care, and this is a part of their undertaking, and any omission is at their peril.</p> <p>8. If a servant of a railway company remains in the employment of the company, when he knows the performance of the duties required -of him will expose him to danger from the want of a watchman on the rear car of trains in the yard where he is engaged in making up trains, etc., or for the want of a sufficient number of hands to operate trains, it will be presumed he voluntarily assumed the risk, and waived whatever, if any, obligation rested on the company in that respect; and if injury ensues, he must be held to be without a remedy.</p> <p>4. Same—servant injured must not be guilty of negligence. No principle of law is better settled than that a party must observe ordinary care for his personal safety in any employment, and if, for want of such care, he suffers an injury, no recovery can be had, and the degree of care