Lake Erie & Western Railroad v. Middlecoff

Citations

• 150 Ill. 27
• 37 N.E. 660

Syllabus

<p>1. Negligence — escape of fire from locomotive — ordinance as to speed of train. In an action against a railway company for an injury caused in a city by the escape of fire from the locomotive, an ordinance limiting the speed of passenger trains within the city to ten miles an hour is properly admissible for the plaintiff, when one count sets out such ordinance, and that by reason of such excessive rate of speed the sparks were thrown from the engine which set fire to the plaintiff’s property, especially when there is evidence tending to show that a high rate of speed is more likely to result in the emission of sparks or coals from the engine.</p> <p>2. Same — evidence showing defendant’s right to a side-track in street. If a railway company obtains the right to lay a side-track upon a street by condemnation or by grant from the owner, on the question of the liability of the railway company for the escape of fire from its engine it will be competent for the plaintiff to prove, as a collateral fact, the nature and extent of the defendant’s right, or the burdens imposed upon its exercise, without pleading the condemnation or the private grant. And so the plaintiff may introduce the ordinance showing the rights and liabilities of the company.</p> <p>3. Same — when no injury results. In an action against a railway company for an injury caused by the escape of fire from an engine while passing through a street on a side-track, the court admitted in evidence the ordinance giving the right of way in the street, which ordinance required the company to make and keep in repair a good and sufficient wagon road on each side of its track : Held, that as it was ’not claimed the injury resulted from the failure to keep in repair a wagon road, the admission of the ordinance, if an error, was harmless.</p> <p>4. Same — liability growing out of joint negligence. IVhere an injury is the result of the joint operation of the negligence of several parties, either party thus negligent