Great Western Railroad Co. of 1859 v. Haworth

Citations

• 39 Ill. 346

Syllabus

<p>1. Evidence—its materiality. In an action against a railroad company, to recover damages for setting fire to a warehouse by sparks escaping from a passing locomotive, the master mechanic of the company testified, on their behalf, that the spark-arrester used on that locomotive was the best known and in use, and he knew it was in good repair at the time the fire occurred. On cross-examination, he stated that it was his business to know the condition of every engine before each trip, and that he knew the condition of this engine from the uniform course of business in the shop, but could not state when he made a personal examination of the engine in question. On a re-examination the defendant asked: “ What was the uniform course of business in the shop ? ” It was held not material that the witness should explain in detail the course of business in the shop, having already stated, on behalf of the party asking this question, that the spark-arrester was in good condition, and that he knew that fact from the uniform course of business in the shop, and it was not error to refuse to allow it to be answered.</p> <p>2. Same—on cross-examination and re-examination. While the plaintiff might properly have asked the question referred to, on cross-examination, the defendant, who called the witness, had no right to ask it on a re-examination.</p> <p>3. Negligence in raitroads—destruction of property by sparics from a locomotive. In a suit against a railroad company to recover damages for the destruction of a warehouse and goods stored therein by fire, occasioned by sparks escaping from a passing lbcomotive, if it appeared that there was employed a greater amount of steam than was necessary on the engine, by reason of which an undue quantity of sparks was emitted, that would constitute negligence on the part of the company, if such unnecessary employment of the steam caused the destruction of the property.</p> <p>4. Same—what constitutes negligence generally. Negligence is the o