Chicago & Northwestern Railway Co. v. Dimick

Citations

• 96 Ill. 42
• 1880 Ill. LEXIS 4

Syllabus

<p>1. Negligence—contributory and comparative. In an action to recover damages resulting from the alleged negligence of the defendant, if it appear that the plaintiff was himself guilty of gross negligence in respect of the injury complained of, he can not recover.</p> <p>2. Or if the plaintiff has been guilty of negligence, no recovery can be had unless his negligence was slight, when compared with that of defendant, which was gross.</p> <p>3. Where both parties have been guilty of negligence, a mere preponderance in degree will hot render the defendant liable. So it was held an instruction did not lay down the correct rule, which declared that although the plaintiff, by his own negligence, may have in §eme degree contributed to the injury, yet if the negligence of the defendant was of a higher degree, or so much greater than that of the plaintiff that the negligence of the latter was slight in comparison, the plaintiff might-recover.</p> <p>4. Same—of an instruction as omitting the question of care on the part of plaintiff. Where there is evidence tending to show the plaintiff was guilty of some negligence contributing to the result complained of, so that the question of comparative negligence is involved, and the case is closely contested upon that question, every instruction given in the case which professes to lay down the grounds upon which a recovery may or may not be had, should state the rule in regard to the question of care or caution on the part of the plaintiff. It is not enough that the instructions given for the opposite party give the rule of law on the subject fully and accurately.</p> <p>5. Same—duty of persons approaching railroad crossing. It is the duty of a person approaching a railroad crossing upon a highway to look and listen for a train on the railroad, and it is negligence to omit that duty.</p> <p>6. Practice—lime within which motion for new trial must he made. The statute provides that where either party desiles to move for a new trial,