Disbrow v. Chicago & Northwestern Railway Co.

Citations

• 70 Ill. 246

Syllabus

<p>1. Raileoad—liability for obstructing passage over its track to a party’s eating house. Where a railroad company had several tracks between the depot, where passengers got off its trains, and an eating house of a party, and trains were made up at that station, so that it was dangerous for persons to cross over to the eating house, the company will not be liable to the proprietor of the house for leaving freight and other cars on its sidetrack, so as to make it difficult for passengers to cross over to his house. The company, in such a case, is not obliged to keep open an unobstructed way for the passage of persons to and fro across its track, for the accommodation of the private business of an individual, and the obstruction was a lawful means to adopt for the safety of passengers, and to protect itself from liability for injury to others in crossing.</p> <p>2. Pleading and evidence—proof must Time its foundation in the pleadings. Where the cause of action stated in a declaration was, the obstructing the defendant’s own track with cars, so as to prevent passengers from crossing over to the plaintiff’s eating house, and there was no averment of the obstruction of a crossing or public way over the track, it was held, that such evidence was inadmissible, and could not be considered.</p>