Toledo, Peoria & Warsaw Railway Co. v. Foster

Citations

• 43 Ill. 415

Syllabus

<p>1. Railboad companies—neligence of—for not sounding a bell or whistle at street crossings. In an action against a railroad company for stock killed by one of its locomotive engines, near a street crossing, while running one of its trains through the corporate limits of a town, — held, that if such injury occurred before the train reached the street, and the bell or whistle of the loco, motive was not sounded as required by the 38th section of the general railroad act, then, under the statute, the company was guilty of negligence, and liable for the injury occasioned thereby.</p> <p>2. Same. And in such case, the place where the injury occurred, as also the question, whether the company was running its train at too great a rate of speed, are matters of fact for the determination of the jury.</p> <p>3. Same—when injury occurs at a place, where the statute requires no signal—common law governs. And if the injury occurred after the locomotive had passed the street, and at a place where the statute does not require the signal to he given, in that case, it is a question for the jury to determine whether or not, an omission to give the signal by sounding the bell or whistle, amounts to such negligence as will render the company liable for the injury done.</p> <p>4. Former decisions. The case of the Galena & Chicago Union R. R. Co. v. Dill, 22 Ill. 264, referred to, as in point with this case.</p> <p>5. Negligence—when not a question of fact. Negligence is a question of fact, except when it consists in the omission of a duty imposed by positive requirement of law.</p>