Illinois Central Railroad v. Godfrey

Citations

• 71 Ill. 500

Syllabus

<p>Right of way—z's the exclusive property of the railroad company. The right of way of a railroad company is its exclusive property, upon which no unauthorized person has a right to be, for any purpose, and any }:>erson who travels upon the right of way of a railroad company, for his own convenience, as a foot-way, and not for any purpose of business connected with the railroad, is a wrong-doer and trespasser. “</p> <p>The mere acquiescence of a railroad company in the use of its track or right of way by persons passing along it, as a foot-way, does not give such persons a right of way over the track, nor is the company hound to protect or provide safe-guards for persons so using its grounds. ~</p> <p>3. Negligence—the degree of care to he used hy a party complaining of negligence of another. Where both parties are equally in the position of right, which they hold independent of the favor of each other, the one complaining of an injury is only bound to show that it was produced by tiie negligence of the defendant, and that the complaining party exercised ordinary care or diligence to avoid it. But where the party injured is himself in the wrong, or not in the exercise of a legal right, or was at tiie t™e enj°y*nS a privilege or favor granted without compensation or henefit to the party granting it, and of whose carelessness complaint is made, tlie Party complaining must use extraordinary care before he can properly complain of the negligence of the other.</p> <p>4_ a general rule, it is culpable negligence for a party to cross a railroad track, at a highway crossing, without looking in every direction tliat tlie raillS nln> t0 asccrtain whether a train is approaching, and this applies with increased force to one who was not lawfully using the railroad track, but passing laterally along it, not at a highway crossing.</p> <p>5. Same—when, railroad company only liable for—when wanton and wilful injury. When a plaintiff is unlawfully upon the track of a railroad compan