Illinois Central Railroad v. Modglin

Citations

• 85 Ill. 481

Syllabus

<p>1. Negligence—comparative. Where an employee of a railway company, while in charge of a hand-car on the track, was injured by a collision with a construction train, and it appeared he knew of the approach of the train in time to have got off the track before the accident, and had reason to know the time such train would approach, it was held, that his negligence was such as to preclude a recovery, and that the company was not negligent in not sounding a whistle and slackening the speed of the train, as its servants had a right to expect the hand-car would be taken from the track before it was reached.</p> <p>2. Same—neglect to give warning. Although the law does not require a railroad train to sound a whistle or regulate its speed at a certain place, where a collision occurs, the court is inclined to hold the company guilty of negligence, if its servants knew, or had reasonable grounds to believe, there was a person on the track, or danger of a collision, and that sounding a whistle or slackening the speed of the train could have prevented the injury.</p> <p>3. Exceptions—when to be taken. An exception to instructions can not be regarded unless taken at the time they are given. Embracing the exception in a motion for a new trial, is not considered as an exception taken on the trial.</p>