Ohio & Mississippi Railway Co. v. Eaves

Citations

• 42 Ill. 288

Syllabus

<p>1. Of mutual negligence. In an action on the case for damages, where the evidence shows that the plaintiff and the defendant stand in pa/ri delicto, there can be no recovery.</p> <p>2. Hence, in an action against a railroad company for killing stock at a crossing, a verdict for the plaintiff will be set aside as against the evidence, when it appears that no bell was rung or whistle sounded, as required by law, and also appears that the plaintiff, then in charge of the stock, was told by his son, that he thought he heard a train coming, but decided to rush the stock over without looking, and in doing so three of them were killed.</p> <p>3. The court is not disposed to relax, in any degree, the requirements of the statute as to the duty of railway companies, to give warning of approaching trains by a continuous ringing of the bell or sounding of a whistle, for the distance of eighty rods before arriving at a crossing; the willful disregard of it is gross negligence.</p>