Illinois Central Railroad v. Frelka

Citations

• 110 Ill. 498

Syllabus

<p>1. Negligence—depot grounds used in common by servants of two railroad companies — reciprocal duties of the companies towards each other’s servants. Where two railroad companies have, by agreement, a joint occupancy of depot grounds, in which their respective tracks are so situated and used that the servants of the two companies must necessarily, in the proper discharge of their duties, pass over each other’s tracks, each company will owe the same duty to the servants of the other company, in the matter of observing proper care for their safety when crossing its tracks in the regular discharge of their duties, that it does to its own servants when crossing the same tracks.</p> <p>2. Same—contributory negligence—non-observance of warning to keep off the tracks. Where the servants of two railroad companies occupying the same depot grounds with their respective tracks, are required, in the performance of their duties, to pass over the tracks of both companies, a sign erected upon the grounds warning all persons to keep off the tracks, and informing them if they went upon them it would be at their peril, would not be regarded as applying to the servants of either company.</p> <p>3. Appeal—the question of excessive damages. On an appeal from a judgment of the Appellate Court affirming the judgment of the trial court in favor of the plaintiff in an action to recover damages for a personal injury occasioned by the alleged negligence of the defendant, it was assigned for error that the damages were excessive; but it was held, that was a question for the Appellate Court,—not this.'</p>