Chicago & Alton Railroad v. Elmore
Illinois Supreme Court
Appeal from the Circuit Court of Menard county; the Hon. Chakles Tubnee, Judge, presiding. This was an action on the ease, by John Elmore against the Chicago and Alton Railroad Company, to recover damages for injury to the plaintiff’s person, the killing of a horse and injury to another, and the breaking of his wagon, caused by a collision with a train of the defendant at a public road-crossing.
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Appeal from the Circuit Court of Menard county; the Hon. Chakles Tubnee, Judge, presiding. This was an action on the ease, by John Elmore against the Chicago and Alton Railroad Company, to recover damages for injury to the plaintiff’s person, the killing of a horse and injury to another, and the breaking of his wagon, caused by a collision with a train of the defendant at a public road-crossing. The negligence attributed to the defendant was an omission to ring a bell or sound a whistle before reaching the crossing, as required by the statute. The facts appear in the opinion.
1Opinion of the CourtJustice Thornton
It is urged that the negligence of the plaintiff was not only largely contributory to, but was the sole cause of the accident to him and his property.
The negligence imputed to the plaintiff in approaching the crossing of the railroad track, and the omission of the company to ring the bell or sound the whistle in compliance with the statute, were matters contested before the jury. The conflict in the evidence was of that character which the jury were peculiarly qualified to reconcile, and we can not say that any injustice has been done. The damages assessed were only $200, for some injury to…
2Cited by4 opinions
- Peoria, Decatur & Evansville Railway Co. v. FoltzAppellate Court of Illinois · 1883
- Chicago, Rock Island & Pacific Railway Co. v. FitzsimmonsAppellate Court of Illinois · 1891
- Treffert v. Ohio & Mississippi Railway Co.Appellate Court of Illinois · 1890
- Terre Haute & Indianapolis Railroad v. VoelkerAppellate Court of Illinois · 1889