Carlin v. Michigan Central Railroad

Appellate Court of Illinois

Carlin v. Michigan Central Railroad

189 Ill. App. 23, 1914 Ill. App. LEXIS 244

CourtAppellate Court of Illinois

DecidedOctober 7, 1914

DocketGen. No. 18,958

StatusPublished

Cited by6 cases

This text of 189 Ill. App. 23 (Carlin v. Michigan Central Railroad) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carlin v. Michigan Central Railroad, 189 Ill. App. 23, 1914 Ill. App. LEXIS 244 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Justice Graves

delivered the opinion of the court.

6. Railroads, § 772*—when requested instruction on question of due care properly refused. A requested instruction announcing as law that if the deceased by the exercise of ordinary care for his own safety could have seen the approaching train “in time to have prevented the accident” then the plaintiff could not recover, held properly refused, since the instruction improperly required the deceased exercise more than ordinary care to prevent the accident. 7. Railroads, § 681*—right to cross tracks when gates are up. When crossing gates are maintained at the intersection of railway tracks and streets, particularly where large numbers of persons are in the habit of passing, the fact that the gates are left up amounts to an invitation to cross the tracks and to notice that no train is approaching and that it is safe to cross. 8. Railroads, § 631*—when negligence of gateman at crossing not excused. Negligence of gateman at a highway crossing in leaving gates up when train was approaching, held not excused by the fact that he left his post to assist ladies over the crossing. 9. Appeal and error, § 1713*—when errors assigned are waived. An assignment for error that a verdict and judgment are excessive will not be considered when not mentioned in the argument.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Graves

delivered the opinion of the court.

6. Railroads, § 772*—when requested instruction on question of due care properly refused. A requested instruction announcing as law that if the deceased by the exercise of ordinary care for his own safety could have seen the approaching train “in time to have prevented the accident” then the plaintiff could not recover, held properly refused, since the instruction improperly required the deceased exercise more than ordinary care to prevent the accident. 7. Railroads, § 681*—right to cross tracks when gates are up. When crossing gates are maintained at the intersection of railway tracks and streets, particularly where large numbers of persons are in the habit of passing, the fact that the gates are left up amounts to an invitation to cross the tracks and to notice that no train is approaching and that it is safe to cross. 8. Railroads, § 631*—when negligence of gateman at crossing not excused. Negligence of gateman at a highway crossing in leaving gates up when train was approaching, held not excused by the fact that he left his post to assist ladies over the crossing. 9. Appeal and error, § 1713*—when errors assigned are waived. An assignment for error that a verdict and judgment are excessive will not be considered when not mentioned in the argument.

Cite This Page — Counsel Stack

Bluebook (online)

189 Ill. App. 23, 1914 Ill. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlin-v-michigan-central-railroad-illappct-1914.

Opinion

Related

Cite This Page — Counsel Stack