Peoria, Pekin & Jacksonville Railroad v. Siltman

Citations

• 67 Ill. 72

Syllabus

<p>1. Negligence—as to duty of ringing bell, etc. In a suit to recover damages from a railroad company for injuries caused by a collision with the company’s train, the court instructed the jury, on the part of the plaintiff, “ that railroad companies are bound, in crossing public highways, to have a bell of at least thirty pounds weight, or a steam whistle, placed on each locomotive engine, which shall he rung or whistled at the distance of at least eighty rods from the place where the railroad crosses any public street or highway, and which shall be kept ringing or whistling until such street or highway is reached, so as to apprise persons of their approach Held, that the instruction did not state the law correctly, the words italicized requiring a higher duty than the statute imposes.</p> <p>2. In the same case, the court, on behalf of the plaintiff, instructed the jury, “ that if they believe, from the evidence, that a bell was not rung, or the whistle not sounded, at a distance of eighty rods from the crossing, and kept ringing or -whistling till the crossing was reached, and the plaintiff teas lulled into security by the reason of such neglect on the part of the defendant, then the plaintiff would have the right to recover, even though he were guilty of slight negligence: ” Held, that the instruction was erroneous and calculated to mislead, as it omits to submit the question whether, the injury was sustained by reason of the neglect to ring the hell or sound the whistle and continue the same until the highway was reached.</p>