Chicago, Rock Island & Pacific Railroad v. Bell

Citations

• 70 Ill. 102

Syllabus

<p>1. Evidence—declai'ations of third party. In an action against a railroad company, to recover damages for killing the plaintiff’s intestate through a collision at a road crossing, the company sought to prove the declarations of a person who was riding with the deceased in his wagon at the time, made just after the accident, which the court refused: Sold, that the evidence was inadmissible, the person injured being in a dying condition, and not capable of assenting to what was said.</p> <p>2. Same—relevancy of evidence as to habits of party hilled. In an action to recover of a railroad company for the killing of a person, where the negligence of the deceased, as well as that of the company, was involved, the company inquired of a witness as to the habits of the deceased in general, without specification as to the sort of habits sought to be proved, which the court excluded: Meld, that the court was justified in rejecting the offered testimony, for the reason that the habits were not particularized so as to show their bearing on the case.</p> <p>3. Witness—impeachment as to former statements. Where a witness is asked, on cross-examination, whether he had made a particular statement before the trial, which is incompetent, as not relating to anything testified to by him on his direct examination, and collateral, his answer must be taken as conclusive, and can not be contradicted by other witnesses.</p> <p>4. Negligence—contributory. It is the duty of persons about to cross a railroad, to look about them and see if there is danger,—not to go recklessly upon the road, but to take the proper precautions themselves, to avoid accidents at such places. If a party rushes into danger, which, by ordinary care, he could have seen and avoided, no rule of law or justice can be invoked to compensate him for any injury he may receive.</p> <p>5. In general, it is deemed culpable negligence to cross the track of a railroad without looking in every direction that the rails run, to ma