Illinois Central Railroad v. Patterson

Citations

• 69 Ill. 650

Syllabus

<p>1. Practice—a plea to merits waives a demurrer to the declaration. Where a demurrer to each count of a declaration containing two counts, is sustained to the first, and the plaintiff amends his first count, and, by leave, files an additional count, the filing of a plea to the whole declaration is a waiver of the demurrer, and i-t can not be assigned for error that the court did not decide it as to the 'second count.</p> <p>% Railroads—duty of, inrespect to track. A railway company is bound to keep its track and road in a safe and sound condition, in order to secure the safety of all persons who majr be lawfully upon it, either as passengers or servants.</p> <p>8. Contributor? negligence. Although a railway company may suffer its track to be out of proper repair, yet if a servant, an engineer of the company, drives his engine at a negligent or high rate of speed, which materially contributes to an injury received by him, he can not recover of the company.</p> <p>4. Thus, where the engineer was running his train at a much greater rate of speed than was allowed, for making up lost time, and in consequence of this, and a battered rail on a curve, the train was thrown from the track, and the engineer was severe!)- injured, it was held, that, owing-to his own reckless conduct, he could not hold the company responsible for damages.</p>