Quick v. Indianapolis & St. Louis Railway Co.

Citations

• 130 Ill. 334
• 22 N.E. 709

Syllabus

<p>1. Bailboads—cars undergoing repairs—rule requiring signals to be placed upon them, for protection of servant—the rule construed. A rule of a railway company required its yardmasters to see that the yards be kept in good order, and that cars passing should be properly inspected, and that all cars requiring serious repairs be promptly sent to the shops. By another rule it was required that car inspectors should report to and receive their instructions from the master mechanic, but should obey all orders of the superintendent or trainmaster and report to them as they should direct; that they should make such repairs as might be required and send to the shops all cars not fit for service; and such rule then provided, that “when making repairs to cars standing on main track or side-track, they must protect themselves by placing a blue signal in the draw-head or on the platform or step of the car, at each end of the train, to prevent the cars from being coupled to or moved while they are making repairs Held, that such latter part of the rule had no-application to cars sent to the yard or repair-shop and standing in the yard, but to those only which were on the main or side-track.</p> <p>2. Negligence-—cars in repair yard■—omission of servant to place signals upon them—as required by a rule of the company. A servant of a railway company, while assisting, in repairing a car in the repair yard, was injured by the engineer upon an approaching train running against such car without any signal or notice. A rule of the company required servants, while repairing cars standing on the main or side-tracks, to place a blue flag on each end of the train to protect themselves from injury by the coupling on to such cars. Another rule required that cars sent to the yards for repairs should be marked with chalk, which was to be erased when the repairs were completed; and such mark was placed upon the car being repaired, but no blue flag was placed upon either end of such car: Held, th