Hannibal & St. Joseph Railroad v. Martin

Citations

• 111 Ill. 219

Syllabus

<p>1. Negligence — in making up a railway train, after receiving a passenger. If a railway company receives a passenger in one of its cars for passage before making up the train of which such car is to be a part, the law requires the company to make up its train, couple, manage and control its cars and engines, in such a careful, skillful and prudent manner as to carry the passenger with reasonable safety, and it will be liable for an injury to the passenger resulting from its neglect of this duty, when such passenger is not wanting in ordinary care.</p> <p>2. Same — contributory negligence — entering a car before the train is made up, on invitation of company's employe. The fact that an employe of a railway company invites one desiring transportation on its cars, to come aboard the train before it .is made up, will not excuse the passenger from the charge of negligence in rushing into danger plainly seen; but even then, if no injury follows the act of entering the cars on the invitation, such conduct on the part of the passenger will not defeat his remedy against the company for subsequent acts of negligence resulting in his injury, when he is not also guilty of negligence conducing to the same.</p> <p>3. Same — contributory negligence — in passing from one car to another, on suggestion by the conductor. Where a passenger in a railway coach which was overcrowded, was informed, by the announcement of the conductor in charge, that another car had been added in front, and the adding of the car had been felt when it was pushed back, and it was found in proper position for the reception of passengers, though in fact not securely coupled, so that just as such passenger was in the act of stepping from the platform of the rear coach to the forward one, the latter moved forward suddenly, causing him to fall to the ground, whereby he received a serious injury, it was held, that the passenger had the right to assume he could pass from the one car to the other with safety, and