Partlow v. Illinois Central Railroad

Citations

• 150 Ill. 321
• 37 N.E. 663

Syllabus

<p>1. Railroads — speed of trains — right to regulate. In the absence of any ordinance of a village regulating the speed of trains through its corporate limits, a railway company will have the right to run its trains through such village at any speed it may think proper, consistent with the safety of its trains and passengers, and of persons rightfully upon its right of way at road crossings, who are exercising ordinary care in crossing the railroad. Any person without ordinary care crossing a railroad, and receiving an injury by reason of the want of such care, can not recover therefor.</p> <p>2. Under the rules of the common law, a railroad company is required to exercise its franchise with due regard to the safety of its passengers and such persons as may travel on the highways crossing its railroad tracks; and in establishing the rate of speed that trains may be run, due regard must be had not only to the safety of passengers, but also to the safety of all persons, in the exercise of ordinary care, traveling on the highways over and across the railroad tracks.</p> <p>3. So long as the increased speed of trains adds nothing to the damage and risks of passengers and the traveling public on highways, no one can reasonably complain; and, subject to this limitation, railroad companies may fix such rate of speed for the running of passenger trains as they may think best.</p> <p>4. Same — speed of trains — directions of the president of a village. On the trial of an action against a railroad company, brought to recover for a personal injury resulting from negligence, the president of the village wherein the accident occurred was called as a witnéss by the plaintiff, and asked if he had ever directed the marshal to notify the railroad company about fast running in the town, which the court refused to admit: Held, that the evidence was properly excluded.</p> <p>5. Same — speed of train through town — as evidence of negligence. A person was killed at a highway crossing ov