Chicago, Peoria & St. Louis Railway Co. v. Lewis

Citations

• 145 Ill. 67
• 33 N.E. 960
• 1893 Ill. LEXIS 1053

Syllabus

<p>1. Common Carriers—of the care required for the safety of passengers. On the trial of an action by a passenger against a railway company for a personal injury, the court, at plaintiff’s request, instructed the jury that common carriers of passengers are required to use all means that care, vigilance and foresight can reasonably do, in view of the character and mode of conveyance adopted, to prevent accidents to passengers. The court, at defendant’s request, instructed, the jury that “while common carriers of passengers are held to the highest degree of care and prudence which is consistent with the practical operation of their road, and the transaction of their business, they are not absolute insurers of the personal safety of the passengers.” Held, that taken together these instructions stated the law correctly.</p> <p>2. Bailroads-—rate of speed of trains—track apparently safe. On the trial of an action brought by a railway passenger against the company for a personal injury resulting from negligence in running its train at a. high speed over a defective road, the court refused an instruction for the defendant, which told the jury that if the track was in “apparently good and safe condition,” etc., “and the train was in charge of an experienced engine driver and conductor, and was well and carefully managed, etc., that the defendant was not liable,” etc. Held, properly refused, as it was not enough that the track was apparently in a good and safe condition. If there were defects rendering it unsafe, which might have been discovered by proper care and skill, it was the duty of defendant to have discovered them, and thus avoid injury to the plaintiff.</p> <p>3. When the question of fact as to the unsafe condition of a railroad is fairly submitted to the jury by other instruction's, they will have the right to take into consideration, in determining the question of negligence, the rate of speed at which the train was run upon the track out of repair. ÍTothing will