Dimick v. Chicago & Northwestern Railway Co.

Citations

• 80 Ill. 338

Syllabus

<p>1. Bill of exceptions—when unnecessary. Where the court renders judgment in favor of the defendant, notwithstanding a general finding in favor of the plaintiff, there being also special findings as to certain interrogatories, and this is assigned for error, no hill of exceptions is necessary, as the motion for such judgment admits the evidence sufficient to warrant the special finding of facts.</p> <p>3. Special verdict—whether inconsistent with general one. In an ac tion against a railway company, to recover damages for causing the death of a person, through negligence, the jury found the issues for the plaintiff and assessed his damages, but also found, in response to special interrogations, that the deceased looked and listened for the cars while driving on the highway before going upon the railroad track, both before and after passing a cornfield which obstructed the view; that before going upon the track he was told to stop, as the cars were coming, but that he did not hear this, and that no bell was rung or whistle sounded by the approaching train which caused the death; it was held that the special finding was not inconsistent with the general verdict, and did not justify the court in rendering judgment for the defendant.</p> <p>3. Negligence—on the pm't of one hilled while crossing a railroad. Where a person, when approaching a railroad crossing, looks and listens for an approaching train before passing a cornfield which obstructed the view, and after passing the same, again looks and listens, and no warning is given him by bell or whistle, he will be guilty of no negligence on his part in going upon the track, and the fact that he is told to stop, that the cars are coming, which he does not hear, will not change the rule.</p> <p>4. Same—on pm't of railroad. Where a railroad company permits brush and other obstructions on its right of way so as to prevent the view of approaching trains by travelers on the highway crossing its track, and neglects to give a