Illinois Central Railroad v. Hutchinson

Citations

• 47 Ill. 408

Syllabus

<p>1. Negligence—in railroad companies-—and herein of relative negligence. Where a person, while intoxicated, placed himself about dark, or in the dusk of evening, on a railroad track, running along a public street in a city, where the company’s trains were constantly passing and repassing, and so remained there until he was run over and killed by a passing engine of the company, the deceased will be held to have-been guilty of such gross negligence, that no recovery could be had against the company for the injury, unless it appear that the agents of the company willfully caused the death of the party, or were guilty . of such gross negligence on their part, as amounted in law to a willful neglect of duty.</p>