Illinois Central Railroad v. Goddard
Illinois Supreme Court
Appeal from the Circuit Court of Jackson county; the Hon. Monroe C. Crawford, Judge, presiding. This was an action, brought by the administratrix and administrator of James Goddard, deceased, against the Illinois Central Bailroad Company, to recover damages on account of the death of said deceased, caused by the alleged negligence of the defendant, in not ringing a bell or sounding a whistle when its cars were ■ approaching a public road crossing where said deceased was run…
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Appeal from the Circuit Court of Jackson county; the Hon. Monroe C. Crawford, Judge, presiding. This was an action, brought by the administratrix and administrator of James Goddard, deceased, against the Illinois Central Bailroad Company, to recover damages on account of the death of said deceased, caused by the alleged negligence of the defendant, in not ringing a bell or sounding a whistle when its cars were ■ approaching a public road crossing where said deceased was run over and killed.
1Opinion of the CourtJustice Sheldon
The court below gave, for the plaintiff, the following instruction to the jury:
“1. The court instructs you that even though you may find, from the evidence, that the deceased was guilty of some slight negligence, yet, if you further find, from the evidence, that the defendant was guilty of gross or a higher degree of negligence than deceased, and that the death of Jas. M. Goddard was caused by such negligence on the part of the defendant, then you should find defendant guilty, if all the other material averments in the declaration have been proven, and assess the plaintiff’s damages at any…
2Cases cited2 opinions
- Galena & Chicago Union Railroad v. JacobsIllinois Supreme Court · 1858
- Chicago & Alton Railroad v. JacobsIllinois Supreme Court · 1872
3Cited by7 opinions
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Garland v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1881
- Chicago, B. & Q. R. R. v. GundersonAppellate Court of Illinois · 1898
- Wabash Railroad v. MoneganAppellate Court of Illinois · 1901
- Chicago, Burlington & Quincy Railroad v. SpringAppellate Court of Illinois · 1883
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