Toledo, Wabash & Western Railway Co. v. Apperson

Citations

• 49 Ill. 480

Syllabus

<p>1. Negligence—liability of railroad company—for injuries to passengers. In an action against a railroad company, for injuries received by the plaintiff, from the upsetting of one of defendant’s cars, when traveling upon its road, where the proof showed that the track where the accident occurred was in a wretched condition, the rails being badly worn and insecurely fastened, of various lengths, loose at the ends, and with spaces between the joints, which were filled with wooden plugs, and that some of the ties were broken in the middle: Held, that this was such gross and wanton negligence on the part of the company as to render it liable for the injury resulting therefrom.</p> <p>2. Railroad companies—required to know the condition of their roads. Railroad companies are bound to keep themselves informed as to the condition of their tracks, and to know whether they are in a fit condition for the safe passage of their trains or not.</p>