Ohio & Mississippi Railway Co. v. Stratton

Citations

• 78 Ill. 88

Syllabus

<p>1; Negligence—injury to child when person in charge of child is negligent. The negligence of a parent or guardian having in charge a child of tender years will not excuse a carrier by rail from using all the means in its power to prevent injury to the child; yet if the negligence of the former is the proximate cause of the injury to the child, by unnecessarily and imprudently exposing it to danger,. the carrier can not be held responsible, unless it is shown to have omitted duties, the discharge of which would have averted the injury.</p> <p>3. Same —passenger getting off train while in motion. A passenger has no right to attempt to get off a train of cars when in motion, and if lie undertakes to do so without the knowledge or direction of any employee of the company, it is at his peril, and he must bear the consequences, however disastrous.</p> <p>3. Thus, where a father took passage, with his son, aged about ten years, upon a train of cars, being assured that the train would stop at a certain station, and when the whistle was sounded for such station, he and his son went out of the coach upon the platform, and stepped down on the steps, and, being burdened with luggage, stepped off the train oefore it had stopped, and the son was thrown upon the station platform, and from there fell under the wheels of the cars, where he received such an injury as to cause the loss of both legs, it was held, that no recovery could be had against the company.</p>