Indianapolis & St. Louis R. R. v. Galbreath

Citations

• 63 Ill. 436

Syllabus

<p>Negligence in bailboads—of comparative negligence. In an action against a railroad company to recover damages alleged to have been sustained by the plaintiff through the carelessness and negligence of defendant’s servants and agents in running a train of cars upon their track, it appeared that while, in the night time, the plaintiff was walking on the track in a village, at a place where the same was so used, without objection, by all classes of persons, he was overtaken and struck by an engine without any headlight, running at a high rate of speed, there being no bell rung or whistle sounded to indicate the approach of the train, and the plaintiff hearing or seeing nothing of it until he was struck: Meld, that tlie negligence of the plaintiff in walking on the track, if it was negligence, was but slight when compared with the gross and criminal negligence of the defendant in so running a “dark train” at a high rate of speed through the village without signaling its approach.</p>