Chicago & Northwestern Railway Co. v. Ryan

Citations

• 70 Ill. 211

Syllabus

<p>1. Negligence—on the part of the plaintiff., contributing to his injury. It is the duty of a person, desiring to cross a railroad track, to act with prudence, and use every reasonable precaution to avoid an accident, and, failing- to do so, he can have no recovery for an injury which might have been averted by the exercise of ordinary care.</p> <p>2. Where the plaintiff, when about to cross a railroad track in a city, on the usual route from the place where he labored, to his residence, looked up and down the track, and saw that it was clear, there being no engine in sight, and then started, and had proceeded only a few steps, when a switch engine of the defendant came around the curve, behind him, at a rapid rate of speed, without giving the usual signals, and struck him, the whistle of a work shop near by being blown at the time, it was held, in an action by him against the railroad company, to recover for the injury, that negligence could not, under the circumstances, be attributed to the plaintiff.</p> <p>3. Same—;facts showing negligence on the part of the company. In a suit by the plaintiff against a railroad company, to recover for a personal in'jury received at a railroad crossing in a city, the plaintiff being without negligence on his part, it appeared that the plaintiff was struck and run over by a switch engine of the company, which had come around the curve, and was running at a rapid speed, and that neither the engineer nor fireman saw the plaintiff until after the accident; that a boy,.not an employee, was occupying the fireman’s place, and had charge of the hell rope, and if the hell was rung at all, it was done hy the hoy hy way of amusement, and th'at the engineer and fireman were laughing and talking, instead of watching to guard against injury: Held, that the facts tended strongly to show that the engine was not properly managed, and warranted the jury in finding negligence on the part of the company.</p> <p>4. Same—instruction as to. In an ac