Toledo, Wabash & Western Railway Co. v. O'Connor

Citations

• 77 Ill. 391

Syllabus

<p>1. Negligence—where there is mutual negligence. If a railway company is guilt}- of gross negligence, resulting in the death of a person, and the latter is guilty of only slight negligence, in view of the circumstances of the case, this will give his personal representative a right of recovery.</p> <p>2. Same —failure to leap from hand-car before collision. Where a laborer on a railroad, while returning from work, upon a hand-car, was struck by an engine coming suddenly upon the hand-car round a curve, so that it could not be seen until very close, and the engine was running at great speed, it was held, that the neglect of the laborer to leap .from the handcar was not necessarily negligence on his part, under the circumstances attending the accident, or if it was, that it was only slight.</p> <p>3. Same—;facts sufficient to simo. In case of a collision of an engine, in a city, with a hand-car, resulting in the death of a laborer, where the engine was running at a speed prohibited by ordinance, and no bell was rung or whistle sounded, and the hand-car had been in the habit of coining into the city at the hour the accident occurred, and the approach of the engine was concealed from the view of those on the hand-car, on account of a curve, and trees and buildings, it was held, that the negligence of the company was gross, and that of the deceased, if any, was slight.</p> <p>4. Same—contributory. An instruction, in an action against a railway company to recover for causing the death of a person through negligence, that the deceased must have been free from contributory negligence, to ■authorize a recovery, is too broad. If his negligence was slight, and that of the company gross, it was liable.</p> <p>5. Same—ordinance regulating speed of trains is proper evidence. Where a party is killed by an engine in a city, in a suit against the company to recover damages, on the ground of negligence in running the engine at too great a speed, the ordinance of the city limiting t