Chicago & Alton Railroad v. Jacobs
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. John A. McClernand, Judge, presiding. This was an action on the case brought by Jacobs against the railroad company, to recover of the latter damages for a personal injury to the former, occasioned by the alleged negligence of the railroad company. A trial by jury resulted in a verdict and judgment for the plaintiff of $2500. To reverse this judgment the defendant appeals.
1Opinion of the CourtJustice Sheldon
The negligence imputed to the defendant in this case is, in not ringing a bell or sounding a whistle for the required distance, and in running its train at too high a rate of speed.
There is no question that the whistle was sounded so as to give notice to persons in the vicinity of the road crossing of the approach of the train, and to lead men engaged there with teams and otherwise, except Jacobs, to take proper precautions for their safety.
As to whether the whistle was sounded or the bell rung for the prescribed distance of 80 rods, the evidence was somewhat contradictory. The rate of speed…
2Cases cited2 opinions
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Toledo, Peoria & Warsaw Railway Co. v. RileyIllinois Supreme Court · 1868
3Cited by5 opinions
- Illinois Central Railroad v. GoddardIllinois Supreme Court · 1874
- Lamarre v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1920
- Chicago, Burlington & Quincy Railroad v. Van PattenIllinois Supreme Court · 1874
- Chicago & Alton Railroad v. RobinsonAppellate Court of Illinois · 1881
- Chicago, Burlington & Quincy Railroad v. SpringAppellate Court of Illinois · 1883