Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Baddeley

Citations

• 150 Ill. 328
• 36 N.E. 965
• 1894 Ill. LEXIS 1615

Syllabus

<p>1. Negligence — causing death — evidence supporting a recovery. In an action by an administrator against a railroad, company to recover damages from alleged negligence resulting in the death of plaintiff’s intestate, it must appear, from the evidence, that the defendant was guilty of negligence as charged in the declaration, and that the deceased was in the exercise of ordinary care at the time, to entitle the plaintiff to recover.</p> <p>2. Same — contributory negligence — question of fact. Whetherthe attempt of the plaintiff’s intestate to cross a railroad track at a street intersection while an engine was approaching was negligent, depends upon the circumstances shown by the evidence, such as, the apparent distance from her of the approaching engine, the speed at which it seemed to be running, and her right to rely upon the probability that its speed would not exceed that allowed by ordinance. These are all facts, or matters of law and fact combined, and the question whether she was guilty of contributory negligence is, therefore, a question for the jury.</p> <p>3. Same — comparative—ordinary care of/person injured. If, since the more recent decisions of this court, the doctriné of comparative negligence can be said to have any further place In our system of jurisprudence, it is very clear that no plaintiff can recover upon the ground of mere negligence, who was not himself, at the time of the injury complained of, in the exercise of ordinary care.</p> <p>4. Same — causing death — action by surviving husband — measure of damages. In an action by an administrator against a railway company to recover compensation for the death of his intestate, the court instructed the jury, that if they found for the plaintiff they should assess his damages at what they believe, from the evidence, to be a proper pecuniary compensation for damages to her surviving husband and next of kin, etc. The statute gives the action in favor of the husband as well as the wife.</p> <p>5. In