Quinn v. Illinois Central Railroad

Citations

• 51 Ill. 495

Syllabus

<p>1. Railroads—negligence—passengers standing upon platform. One of a large funeral party who took passage upon a train to go a distance of twelve miles, was standing upon the steps of the platform of one of the cars holding on to the railing, when the conductor came along collecting fare. In making change for a hank note which the passenger paid for his fare, the wind carried away the paper as it was passing from the hand of the conductor to that of the passenger. The latter, in attempting to regain it, and as he was then standing on the edge of the platform, or on the steps, lost his foothold and fell against an embankment, was thrown back under the cars and killed. The cars were quite full, but there was standing room in all of them. In an action against the company, under the statute, to recover damages for the death of the deceased, it was held, it was the negligence of the deceased, not that of the company, which caused his death, and there could be no recovery.</p> <p>2. Where a passenger voluntarily places himself in such an exposed position, with abundant standing room in the cars, even though the seats are all full, and falls to the ground, not in consequence of a collision, or a broken rail, or other fault of the company, but in the endeavor to recover money that the wind has blown away, the negligence of the passenger is far greater than that of the company.</p> <p>3. While it is negligence on the part of a railroad company, for which they should be held strictly accountable, not to furnish comfortable sitting accommodations for their ordinary number of passengers, or even for an extraordinary number, upon due notice, yet the same strictness should not be applied when a train is unexpectedly crowded by a large party going only a few miles.</p> <p>4. And even if the company are notified that a special party will take passage on a train, and do not furnish sitting room for all, there being abundant standing room within the cars, if a member of the party v