Chicago & Northwestern Railway Co. v. Fillmore

Citations

• 57 Ill. 265

Syllabus

<p>1. Evidence—decltwations. In an action against a railroad company to recover for injuries to the plaintiff, occasioned by his falling through an uncovered bridge in attempting to get on the defendants’ train, the bridge being under the control of the defendants, it was held that declarations of the conductor of the train, made after the accident had happened, tending to show that the company had been guilty of negligence, were inadmissible as evidence. The danger of the bridge and the responsibility of the company as connected therewith, were to be determined by the jury from the evidence. The conductor was a competent witness, and whatever knowledge he had as to the condition of the bridge at the time, should have been stated by himself as a witness.</p> <p>2. Negligence—in rail/roads. The bridge at which the injury occurred was thirty, or forty feet long and sixteen feet high, was in the limits of a city, and over a public street in the immediate vicinity of the railroad. It had been covered by the defendants, but was uncovered at the time of the accident, for repairs, and the plaintiff, in attempting to get upon the cars at the hour of midnight, fell through the bridge: Held, an instruction which told the jury “ that the defendants were not bound to cover and keep covered, the bridge or track over the road or sidewalk where the injury was caused,” was properly refused, and that it was the duty of the company to have the bridge covered or so protected, if uncovered for repairs, as to prevent such injuries.</p> <p>3. Railroad companies, in the enjoyment of their franchises and in the performance of their duties, should have a proper regard to the safety of persons whom they invite to their depots. They should omit no act, the omission of which would endanger the limbs or lives of those who seek to ride upon their trains.</p> <p>4. New trial—excessive damages. In an action against a railroad company to recover for injuries occasioned by the alleged negligence of