Illinois Central Railroad v. Goddard

Citations

• 72 Ill. 567

Syllabus

<p>1. Negligence—contributory and comparative. In a suit for damages caused by the negligence of the defendant, the plaintiff can not recover if he has been guilty of contributory negligence, unless the negligence of the ' plaintiff was slight and that of the defendant gross, and it is error to instruct the jury that the plaintiff can recover if the negligence of defendant was of a higher degree than that of the plaintiff.</p> <p>2. Same—what constitutes. As a general rule, it is culpable negligence for any one to cross the track of a railroad without looking in every direction that the rails run to make sure that the road is clear.</p> <p>3. Instructions—need not he repeated. Where the court has given an instruction to the jury at the instance of the plaintiff, it need not repeat it at the instance of the defendant.</p>