Peoria & Rock Island Railroad v. Lane

Citations

• 83 Ill. 448

Syllabus

<p>1. Railroads—company liable for negligence of its lessees. A railway company holding the franchise and exclusive right to operate a railroad, must so use it as not to endanger passengers or property, whether the use he by themselves or others they may permit to use the road. The company owning the road and franchise is liable for an injury to a passenger through the negligence of its lessees, or of another company using the road by its permission.</p> <p>2. If a switch on a railroad is not properly locked or otherwise secured, whether by the neglect of the employees of the company owning the same, or its lessees, or if the switch is not properly constructed and maintained, and injury is thereby occasioned to a passenger on a train operated by the lessees, the company owning the road and franchise will be liable.</p> <p>3. Negligence—whatis, on the part of a passenger. If a passenger on a train, without the direction of the company, leaves his seat in a passenger coach and goes into the baggage car, where he is killed by its being overturned, he will be guilty of such a high degree of negligence as to defeat a recovery by his personal representative against the company, unless the latter is guilty of wanton or reckless misconduct on its part.</p> <p>4. Evidence—of the degree in civil action. In civil actions a preponderance of evidence only is required to establish facts, and it is not required that the evidence shall leave no reasonable doubt on the minds of the jury.</p>