Pittsburg, Cincinnati & St. Louis Railway Co. v. Thompson

Citations

• 56 Ill. 138

Syllabus

<p>1. Negligence—of common carriers — duty of railroad companies in guarding against injury to passengers. The true rule in regard to the degree of care required of railroad companies to guard against injury to their passengers is, that the carrier shall do all that human care, vigilance and foresight can reasonably do, consistent with the mode of conveyance and the practical operation of the road.</p> <p>2. A company cannot be required, for the sake of making travel upon their road absolutely free from peril, to incur a degree of expense which would render the operation of the road impracticable.</p> <p>3. It would be unreasonable to hold that a road-bed should be laid with ties of iron, or cut stone, because, in that way, the danger arising from wooden ties, subject to decay, would be avoided.</p> <p>4. But it is by no means unreasonable to hold that, although a railway company may use ties of wood, such ties shall be absolutely sound and road-worthy.</p> <p>5. The obligation of the company to provide the safest pattern of rail can not be made to depend merely upon whether a change of rail could be made without any additional expense.</p> <p>6. Pboof of negligence — burden of proof. In an action against a railroad company for personal injuries received from the alleged negligence of the defendants, if it be shown by the plaintiff that the injury was caused by the overturning of a car on the defendants’ road, in which he was a passenger, without fault upon his part, he thereby makes out against the company a prima facie case of-.negligence, and places upon them the burden of rebutting that presumption by proving that the accident resulted from a cause for which they should not be held responsible.</p> <p>7. Measube of damages in such case—effect of payment of accident insurance. The liability of a railway company to respond in damages for an injury, occasioned by accident, to a passenger on their road, is not discharged pro tanto by the payment of any sum, on accou