Chicago & Northwestern Railway Co. v. Hatch

Citations

• 79 Ill. 137

Syllabus

<p>1. Contbibutoby and compabative Negligence—as to passing railroad crossings. Every one is hound to know that a railroad crossing is a dangerous place, and he is guilty of negligence unless he approaches it as if it were dangerous.</p> <p>2. If a person drives upon a railroad track, at a crossing which he knows to be dangerous, without looking out or listening to ascertain whether a train is approaching, and is struck by an approaching train, he is guilty of such negligence as would prevent his recovering against the company, unless it appears that the company was guilty of gross negligence.</p> <p>3. It is not the exercise of ordinary care and prudence for a person to drive on tó a railroad crossing, known to him at the time to be dangerous, without making an effort to ascertain whether a train is approaching, or whether it is safe to drive on the track with his team.</p> <p>4. Persons traveling along a highway which crosses a railroad track, and the trains of the railroad company, have an equal right to pass over the crossing, and it is the duty of both to use reasonable and prudent precaution to avoid accident and danger; the one to look out for the approach of trains, and the other to give the required signals and warning of their approach.</p>