Chicago & Northwestern Railway Co. v. Scates

Citations

• 90 Ill. 586

Syllabus

<p>1. Contributory negligence—getting upon cars while in motion. In an action against a railway company to recover for an injury alleged to have resulted from the negligence of the company in placing a post upon its platform provided for receiving passengers, in such near proximity to the cars that passengers, although using due care, could not enter the cars in safety, it appeared the plaintiff, although given ample opportunity to get upon the train while it was standing at the platform for the purpose of receiving passengers, omitted to do so, but, waiting until the train had started, undertook, while it was in motion, to get aboard, and in this attempt he held on to the iron railing of the car¡ and followed the moving train until he came against the post on the platform, whereby he was injured. It was held, the plaintiff was guilty of such negligence in attempting to board a moving train, as to preclude a recovery.</p> <p>2. Same—duty of the company in providing safe platforms. A passenger having no right to get on board a railway train while it is in motion, the com-, pany is under no obligation to provide means to assist him in doing so. If the company has constructed and maintained a platform at a convenient and suitable place, by which passengers can safely and securely enter the cars when the train is placed in position for the reception of passengers when the cars are not in motion, it has fulfilled its duty to the passenger so far as the platform is concerned.</p> <p>3. Negligence as a question of fact. Although the question of negligence be one of fact, to be left to the jury, yet if it appear, in an action to recover for the alleged negligence of the defendant, that the plaintiff has been guilty of gross negligence, on account of which an injury is received, or was injured by reason of a failure on his part to exercise ordinary care and caution to avoid danger, it would not be error for the court to instruct the jury that if such is the case the plaintif