Foster v. Chicago & Alton Railroad

Citations

• 84 Ill. 164

Syllabus

<p>1. NegiíIGEítce—in guard to curve of railroad, resulting in injury to employee. Where a switchman of a railway company, while engaged in coupling cars from the inside of a short curve, caught his foot between the main rail and the guard placed about three inches from it to prevent the wheels from jumping the track, and thereby lost his leg by having it run over; and it appeared, from the testimony of men of experience, that the guard rail was properly constructed, and that it was hazardous to couple from the inside, but comparatively safe from the outside of the curve, and that the party injured was familiar with the curve, and gave no notice to the company of any defect, it was held, that even if the company was guilty of negligence as to the manner in which the guard was constructed, it was slight, and that of the switchman gross, and that he was not entitled to recover for the injury.</p> <p>2. Error—instructions that work no injury. Where, under the facts of a case, the plaintiff can not recover, and a verdict is found against him, the judgment will not be reversed for errors in some of the instructions against him.</p>