Illinois Central Railroad v. Hammer

Citations

• 72 Ill. 347

Syllabus

<p>1. Negligence—in respect to persons passing over depot grounds. Railroad depot grounds and passenger houses are quasi public, and a person going to such houses and passing over such depot grounds in a proper manner, is not a trespasser, but where persons go upon or pass over the grounds connected with railroad depots, they are presumed to know that the place is dangerous, and hence are required to use care and prudence commensurate with the known danger of the place.</p> <p>3. On the other hand, the servants of a railroad company, knowing the enhanced danger at depot grounds on account of persons constantly passing and repassing, are required to exercise a greater degree of caution and prudence for the preservation of life and limb, than at other places where persons have no right to be and the employees of the company have no right to expect to find them.</p> <p>3. It is negligence for a person to travel on the track of a railroad at its depot grounds, where all must know that cars are constantly passing, and engines switching cars, and it is also negligence on the part of the company to have flying switches passing on a track without an engine attached, or a bell ringing, or a whistle sounding; and where both parties are at fault in these respects, it is for the jury to determine, from all the circumstances, whether the negligence of the plaintiff is slight, and that of the defendant gross, and if it is not, the plaintiff can not recover.</p> <p>4. Comparative negligence. A plaintiff, free from all negligence, may recover from a defendant who has failed to use such care as ordinarily prudent men generally employ; or a plaintiff who is even guilty of slight negligence, may recover of a defendant who has been grossly negligent, or whose conduct has been wanton or willful.</p> <p>5. Instructions—should be plain and explicit. In a case where there is doubt in regard to an important question, instructions should be plain and explicit, free from all doubt, and announ