Illinois Central Railroad v. McClelland

Citations

• 42 Ill. 355

Syllabus

<p>1. Negligence, of railroad companies—their liability. By failing to provide the most approved applianees for arresting sparks from their engines, by running poor engines or those out of order, a railroad company becomes liable for all casualties occasioned thereby.</p> <p>2. And, an engine, which throws sparks into a meadow one hundred feet from the track of the road, is not provided with proper appliances for arresting its own sparks; and, evidence of such fact is properly admitted to show the character of the engines in use on a road at a particular time.</p> <p>3. Evidence, in actions for damages by fire. It is sufficient if the proof sustains substantially any one of the counts of the declaration, and the plaintiff is not confined to the proof of the precise place where the fire originated. It is immaterial whether it commenced on the right of way of the defendant or not.</p> <p>4. Instructions, modified according to the evidence. It is not error for the Circuit Court, in instructing a jury, so to modify the hypothetical case on which an instruction is based, as to make it conform to the facts actually in evidence.</p> <p>5. Negligence — of loth parties. Where the son and servant of the plaintiff was in a position to have prevented any damage from a fire, and made no efforts to do so, it was an act of negligence on his part for which the plaint iff is answerable; and he cannot recover from the company, whose engines were the cause of the fire, any damages that he may have sustained.</p>