Chicago & Northwestern Railway Co. v. Jackson

Citations

• 55 Ill. 492

Syllabus

<p>1. Allegations and proofs—variance. In an action against a railroad company to recover for injuries received by the plaintiff by reason of the alleged negligence of the company, it was averred in the declaration that the accident happened while the plaintiff was acting as a hrakeman on a freight train of defendants, while the proof showed he was acting as a brakeman in switching cars at a station, in making up a freight train: Held, there was no variance in respect to the character of the traiu.</p> <p>2. Negligence in railroads—relative duties of the companies and their servants. It is the duty of railroad companies to furnish to their employees safe materials and structures to be used by the latter in the performance of their duties; and although the machinery employed upon a railroad may he furnished through the servants of the company, yet that fact will not relieve the company from their liability to other employees, in different departments, who may receive injuries by reason of defective machinery.</p> <p>3. So where a brakeman upon a freight train was injured in descending a ladder on one of the cars, in obedience to a signal from the engineer, the injury being occasioned by the absence of some rounds from the ladder, it was held, the brakeman should not be prejudiced as to his right of recovery against the company, by the negligence of those servants of the company having charge of the inspection and repair of their cars, as they were superior to him in authority, aud notice to them of the defect was notice to the company.</p> <p>4. It is also the duty of the servants of the company to see that machinery used by them in the performance of their duties is in fit condition for use, aud to report defects to the company; but this is subject to the qualification that the servant so using the machinery has knowledge of its defects, or, by reasonable precaution, might have such knowledge.</p> <p>5. So if a brakeman on a freight train receives injuries in attemp