Chicago West Division Railway Co. v. Ryan

Citations

• 131 Ill. 474
• 23 N.E. 385
• 1890 Ill. LEXIS 1178

Syllabus

<p>1. Negligence—whether imputable to a child—and herein, of negligence on the part of one having the child in charge. An infant not over seventeen months old, being incapable of exercising care for its safety, can not be charged with negligence, in a suit by it against another for neglígeñceresulting in a personal injury.</p> <p>2. If those in charge of a street railway car may, by the exercise of ordinary care, avoid, injuring a child of very tender years, and fail to exercise such care, the question of the negligence of those having the care and custody of the child will be immaterial, and the railway company will be liable to the child directly, regardless of the negligence •of those having its custody.</p> <p>3. Same—duty towards one in a place of danger—even if wrong fully there. If B, in the performance of some lawful work of his own, such as operating a street car, has notice that A is in danger of being hurt by what B is doing, and that A is unable to escape the danger, then B must use reasonable care to prevent the threatened injury, and he will be answerable to A for the want of such care, even though A is negligent in placing himself in such danger.</p> <p>4. Although a party may be guilty of negligence in putting himself in a place of peril, as, upon a railway track, at a point where he has no right to be, yet the other party, even in the performance of its lawful business, may not wantonly or willfully injure him, and if its servants, with a knowledge of the party’s danger, fail to use ordinary care to Avoid injuring him, the company may be held liable for the injury.</p> <p>5. A plaintiff may recover for an injury caused by the defendant’s negligence, notwithstanding his own negligence exposed him to the risk of injury, if such injury was proximately caused by the defendant’s ■omission, after such notice of the plaintiff’s danger as to put a prudent man upon his guard to avoid the injury. If the plaintiff is an adult, the defendant will only be liable