McNulta v. Ensch

Citations

• 134 Ill. 46
• 24 N.E. 631

Syllabus

<p>1. Negligence—railroads—stopping trains at passenger stations— giving passengers proper time—^and herein, as to stations at which the particular train is not hound to stop. If a conductor of a fast train receives-fare from passengers to a station at winch such train is not advertised or scheduled to stop, it becomes the duty of the conductor to notify the passengers so paying, that the train will not stop at that station, or to carry them to such station and then give them sufficient time to get off in safety.</p> <p>2. A railway company, whose duty it was to stop its train within eight hundred feet of a railroad intersection, on approaching such intersection stopped momentarily át a station platform about five hundred feet from the same, such train not being obliged to stop at that station, and then started with a violent jerk, whereby a passenger was injured while attempting to get off, and then stopped again some fifty or sixty yards nearer the intersection: Held, that evidence of such facts was sufficient to authorize an instruction based on the neglect to stop the train at the station a sufficient time to enable the passenger to get off in safety.</p> <p>3. Where a train is not bound to stop at a particular station to receive or discharge passengers, but is required by law to stop within eight hundred feet of a railway intersection, some five hundred feet beyond such station, but the proof showed that the conductor received fare to such station, and that there were passengers for that station, and on approaching the station the whistle was sounded and the speed of the train slackened, and the train was finally stopped, it was held, that a passenger on the train, in the.absence of a contrary announcement, had the right to act on the belief that the stop was to enable passengers to get off, and that the company was liable for an injury to a passenger caused by starting the train before allowing a reasonable time to get off.</p> <p>4. In case the conductor anno