Peoria & Pekin Union Railway Co. v. Clayberg

Citations

• 107 Ill. 644
• 1883 Ill. LEXIS 309

Syllabus

<p>1. Evidence—proof of negligence, by other acts at different times. On the trial of an action brought by an administrator against a railway company, to recover for the defendant’s negligence causing the death of the intestate, the defendant, in order to show that the deceased was not observing due care at the time he was killed, asked a witness to state if he ever saw the deceased get on, or attempt to get on, trains, and counsel stated that he expected to prove by this and another witness that the deceased was in the habit of jumping on trains: Held, that the evidence sought and proposed was inadmissible, as its effect was clearly to raise a collateral and immaterial issue.</p> <p>2. Same—circumstantial evidence. If facts and circumstances are proved which lead the mind with certainty to the conclusion that other facts and circumstances are true, such latter facts and circumstances may be accepted and acted upon by the jury, and it is not erroneous to so instruct them.</p> <p>3. Negligence—duty of railroad at street crossing—comparative negligence. In an action against a railway company to recover damages for negligence resulting in the death of plaintiff’s intestate, who was struck by a moving car at a street crossing, the court instructed the jury that if they believed, from the evidence, that the crossing of the defendant’s railroad on the street was used by persons passing frequently between the hours of six and seven o’clock A. M. and P. M., and that the defendant knew it, and that defendant’s servants and employes were switching and moving cars on said crossing between said hours, at a time when it was dark, by pushing them across said street, then it was the duty of the defendant to take some means to warn the persons passing, or to prevent accident to them, and if the defendant did not do so, it was guilty of negligence; and if such negligence was the cause, or principal cause, of the death of the intestate, and if the jury also believe, from the evidence