Wabash, St. Louis & Pacific Railway Co. v. Peyton

Citations

• 106 Ill. 534
• 1883 Ill. LEXIS 204

Syllabus

<p>1. Appeal—reviewing facts. The assessment of damages in an action on the case, for a personal injury, is a question of fact, depending on the evidence, and hence this court is prohibited from inquiring whether the damages assessed in such a case are excessive.</p> <p>2. Railway company—can not exonerate itself from its duty by contract. A railway company, by accepting and acting under its charter, becomes a carrier of persons and property, and the law imposes all the duties and liabilities of a common carrier on it, and such company can not exonerate itself from such duty and responsibility by contract with others, nor in anywise escape or free itself from liability, unless released by the General Assembly.</p> <p>• 3. Same—when liable for negligent acts of servant of another road. Where one railway company acquires the right to run its trains over a portion of the road of another company by a contract, in which it is agreed its trains, while on such leased road, shall be under the control and direction of the yard-master or other servant of the lessor company, the yard-master of the latter road, at such place and for the time being, will be the servant of the lessee company, and it will become liable for an injury caused to another from the negligent acts of such yard-master, the same as if he was its own employé on its own road.</p> <p>4. Same—held to same care on leased road as on its own. A railroad company is held to the exercise of due care for the safety of all persons while exercising its franchises, whether on its own road or on that of another company. This duty was imposed by law when it received its franchises, which holds good at all times and in all places, and if the company operates its trains over the road of another by contract or lease, it must see and know that the track is in a good and safe condition, not only for the safety of its passengers, but also for the safety of persons rightfully near to the track and liable to injury by its being u