Ohio & Mississippi Railroad v. Shanefelt

Citations

• 47 Ill. 497

Syllabus

<p>1. Railroads—diligence required. Railroads and private individuals, .with respect to the same subject matter, are held to the exercise of the same degree of diligence, in preventing injuries to others.</p> <p>2. Railroads—negligence per se—what is not. It is not negligence per se for a railroad to suffer grass and weeds to accumulate on its right of way; the fact, however, is proper evidence for the jury, who may find negligence from it.</p> <p>3. Same—diligence required of adjoining owners. Land owners contiguous to , railroads are as much bound, in law, to keep their lands free from an aeeumula- ' tion of dry grass and weeds as railroad companies are ; so where a fire is ignited on the company’s right of way, and is communicated to fields adjoining, the negligence of such owner will be held to have contributed to the loss..</p> <p>4. Same—not liable unless negligence is greater. And unless it appears that the negligence of the company is greater than that of such land owner, the latter can not recover for injuries thus arising.</p>