Illinois Central Railroad v. Middlesworth

Citations

• 43 Ill. 64

Syllabus

<p>1. Negligence—relative—liability. In actions against railroad companies for injuries inflicted by negligence, it is held, that the company is not liable if the plaintiff has been guilty of negligence which has contributed to the injury, unless it appears that the company has been guilty of negligence more gross than that of the plaintiff. That, in this class of actions, the jury may compare the degrees of negligence.</p> <p>2. Allegations and fbooe. Where a declaration proceeds for one cause of action, the plaintiff cannot recover hy proving another and different cause of action. To recover, he must prove the averments of some one of the counts of his declaration.</p>