Chicago, Burlington & Quincy Railroad v. Dewey
Illinois Supreme Court
Cassius B. Dewey, the husband of the appellee, had been to Princeton, in Bureau county, Illinois, on business, went to the depot of the appellants at Princeton, to take passage on their cars to Mendota, in LaSalle county, Illinois, where he was then living.
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Cassius B. Dewey, the husband of the appellee, had been to Princeton, in Bureau county, Illinois, on business, went to the depot of the appellants at Princeton, to take passage on their cars to Mendota, in LaSalle county, Illinois, where he was then living. At that time, the custom of the appellants in operating their road (the Ohicago, Burlington and Quincy,) was to have the night freight train arrive at the station, some ten minutes after twelve o’clock A. M., and the passenger train fifteen or twenty minutes later. The freight train, on the night of the accident, as it was its custom to…
1Opinion of the CourtWalker, J.
We only deem it necessary in this case, to examine the question whether the husband of appellee was guilty of such gross negligence as relieves the company from liability for his death. To authorize a recovery, it is not enough to simply show that the company were guilty of negligence, but it should also appear that deceased was not also guilty of negligence in some degree comparable to that of the company inflicting the injury. Each party is bound, whilst pursuing their legal business, to exercise a due regard for the rights of others. And when each is equally at fault, and both parties…
2Cited by18 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- New Orleans, Jackson, & Great Northern Railroad v. StathamMississippi Supreme Court · 1869
- Daniels v. CleggMichigan Supreme Court · 1873
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
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