Pittsburgh, Cincinnati & St. Louis Railway Co. v. Campbell

Citations

• 86 Ill. 443

Syllabus

<p>1. Negligence — not removing combustible matter from right of way. Under the statute a railway company in the use of a railroad as lessee, or otherwise, is guilty of negligence if it fails to keep its right of way clear from all dead grass, weeds, etc., and for such neglect is made liable for injuries to others from the escape and transmission of fire from its engines.</p> <p>2. Same—presumed from escape of fire. The communication of fire by any locomotive engine while on or passing over any railroad, affords fuII prima facie evidence to charge the corporation or persons in the use of such road as owner, lessee, or mortgagee, under the statute, with negligence in not keeping the right of way free from combustible matter, and in the use of the engines and for not having them in all respects in a good and safe condition. Proof of the communication of fire makes a case entitling the plaintiff to recover against any company using or occupying the road.</p> <p>3. Same — liability for acts of lessees. The lessee of a railroad, who by contract permits another company to use the road, is liable for the negligent acts of the latter company.</p>