Pittsburg, Fort Wayne & Chicago Railway Co. v. Bumstead

Citations

• 48 Ill. 221

Syllabus

<p>]. Negligence—where plaintiff’s negligence will not he deemed to have concurred in producing the injury. In an action for negligence, it appeared that the person injured was a child about four years of age, living with his parents, in a house situated in close proximity to the railway track of the defendant; that the mother had left the child with his sister, a girl fourteen years of age, to attend, while she went to a neighbor’s house, and, during her absence, the child strayed from the house, and while on a private road, used by the public, which crossed the track, and within the right of way of defendants, the accident complained of occurred, and was occasioned by a train of defendants coming in collision with a push car, which had been left on its track, shattering the car into pieces, a fragment of which struck the child, and produced the injuries charged. Held:</p> <p>1st. That the child could not be considered as a trespasser on the right of way of defendants, nor his parents guilty of negligence in suffering him to stray there, as the injury was received while he was on a road used by the public, and where he had a right to be, in common with the rest of the public, until its use was prohibited by the company.</p> <p>2d. Nor was the mother of the child guilty of negligence in leaving him in charge of his sister, a girl of the age of fourteen years', during her absence at a neighbor’s house ; the evidence showing her to be fully competent for the charge.</p> <p>2. Same—what will be deemed negligence. And in such case, where the proof showed that the push car, which collided with the train, had been loaned, by an agent of the company, to persons unaccustomed to its use, who had left it upon the track, whereby the collision occurred: Held, That the act of the agent was negligence, for which the company would be liable.</p> <p>3. Same. And, also, that it was negligence of the grossest character, and for which the company must be held responsible, that the eng