Rockford, Rock Island & St. Louis Railroad v. Hillmer

Citations

• 72 Ill. 235

Syllabus

<p>1. Evidence—whether testimony is negative. Where witnesses who, at the time of an accident at a railroad crossing, were within thirty yards of it, testify that they were in a situation to have heard a bell ring or whistle sound, if there had been any rung or sounded, and that they did not hear any, such testimony can not be regarded as negative testimony.</p> <p>2. Negligence—comparative, where both parties are guilty. In a suit for damages occasioned by the negligence of the defendant, where the plaintiff has been guilty of some degree of negligence, yet, if it was slight in comparison with that of the defendant, which was gross, it will be no bar to a recovery.</p> <p>3. Same—duty in running cars at public crossings. Railroad companies, in operating their cars in crossing public highways, must so regulate the speed of their trains, and give such signals to persons passing, that all may be apprised of the danger of crossing the railroad track, and a failure in any of these duties on their part will render them liable for injuries inflicted, and for wrongs resulting from such omissions.</p> <p>4 A railroad company should not permit obstructions upon its right of way, near a crossing, which will prevent the public from observing the approach of trains on the track.</p> <p>5. A railroad company is chargeable with notice of all the perilous circumstances of a crossing constructed by itself.</p>