Chicago, Rock Island & Pacific Railway Co. v. Clough

Citations

• 134 Ill. 586
• 25 N.E. 664
• 1890 Ill. LEXIS 1001

Syllabus

<p>1. Negligence—injury at railway crossing—duty of flagman to give timely warning—right of the public to rely thereon. It is the duty of a flagman stationed at a public highway crossing by a railway company, to know and give timely warning of the near approach of trains, and the public will have a right to rely upon a reasonable performance of that duty.</p> <p>2. Same—flagman improperly signaling to cross. It is gross negligence for the flagman of a railway company at a street crossing to signal to a traveler to drive his team and wagon upon the railway track when he knows that a passenger train is approaching the crossing without blowing a whistle or ringing a bell, and the view of the approaching train is obstructed by cars left on the side-tracks, and by buildings.</p> <p>3. A count in a declaration in an action against a railway company, for negligence, resulting in a personal injury at a highway crossing, Alleged an obstruction of the view from the highway by cars and buildings, and that the flagman of the company, well knowing the near approach of a train, recklessly, negligently and willfully beckoned to the plaintiff to drive upon the tracks, etc. There was proof on the trial, not only that the flagman beckoned the plaintiff to cross over the tracks, but that he did this negligently and recklessly, when he knew the train was coming : Held, that there was sufficient evidence to authorize an instruction based upon the negligence charged in the count.</p> <p>4. Same—signal by flagman not to cross—but not in proper time— other precautions neglected—care required of persons seeking to cross a railway track. The mere fact that a party injured by a collision at a highway crossing was signaled by a flagman stationed there not to •cross the tracks, will not relieve the railway company from liability for neglecting to lower the gates on the approach of a train, and to sound a bell or whistle, and in running its train at a rate of speed prohibited by an ordinance, if