Benson v. Chicago & North-Western Railroad
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This was an action brought by appellant to recover for damage sustained by being run into by a train on the road of appellee, while driving over a crossing. The place where the accident occurred was on a plain where the track was straight and could be seen for a long distance on either side. A train going west passed, appellant waiting for it to go by.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This was an action brought by appellant to recover for damage sustained by being run into by a train on the road of appellee, while driving over a crossing. The place where the accident occurred was on a plain where the track was straight and could be seen for a long distance on either side. A train going west passed, appellant waiting for it to go by. This train had just pulled away from the station when he started to go over, and was struck by a train going east. There was evidence that the whistle…
1Opinion of the CourtWatebman, J.
With the roar of a passing train drowning all ordinary sounds, it is not strange that signals of the approach of another train, if any were given, were not heard. What clearly appears in the case and what the verdict of the jury must have been based on, is that appellant did not exercise ordinary care.
He was about to go over a railroad crossing with which he was familiar, and past which he knew trains going with great rapidity were to be expected at any moment. With nothing to obstruct his view, he drives upon the crossing, immediately following a passing train; no much more dangerous time in…
2Cases cited2 opinions
- Chicago, Rock Island & Pacific R. R. v. AustinIllinois Supreme Court · 1873
- Lake Shore & Michigan Southern Railway Co. v. MayAppellate Court of Illinois · 1889
3Cited by1 opinion
- Illinois Central Railroad v. BeckerAppellate Court of Illinois · 1905