Chicago Railway Co. v. Volk

Citations

• 45 Ill. 175

Syllabus

<p>Agency—whut will wot constitute. In an action on the case against a street railway company, for injuries sustained by the plaintiff while a passenger upon one of its cars, it appears, that, on the arrival of the car at the crossing of a steam railroad, it stopped to allow a train of the latter company to pass by, and, that, after said train had passed, the flagman of the latter company signaled the driver of the street car to go ahead, which he did, but before he had crossed with his car, the other train backed up, and a collision occurred, whereby plaintiff was injured: Meld, that proof of the fact that such driver had been directed by his superiors to obey the signals of the flagman in governing the movements of his car at that crossing, and that he did so, did not convert the flagman of the railroad company into an agent of the defendant, and an instruction of the court to that effect was erroneous.</p>