Illinois Central Railroad v. Hoffman

Citations

• 67 Ill. 287

Syllabus

<p>Negligence—liability for death of party. In this case the deceased was killed while rightfully engaged in unloading wood from a car standing upon the main side track of the defendant’s road.. South of the car at which the deceased was at work, distant several feet, were two flat cars and several box cars. While he was so engaged, a freight train of defendant, coming from the north, passed near by on the main track, so that the deceased could readily have been seen by the employees of the company thereon. The servants of the company at the station either knew that he was so engaged at the time, or had reason to know the fact. The train passed on until it passed the south end of the switch, when it commenced backing slowly on the side track for the purpose of leaving certain cars, and thus pushed the detached car next to that where the deceased was, so that he was crushed between the bumpers and killed. The only diligence on the part of the company was the ringing of its bell some forty rods south of the deceased, and on the main track. No other warning was given to the deceased, who was not acquainted with the mode of switching cars, or aware that he was in danger. He could not see the train on the south, on account of the box cars: Held, that the company was liable in an action for causing his death, and that the deceased was not guilty of such negligence on his part as to prevent a recovery.</p>