Devine v. Illinois Central Railroad

Appellate Court of Illinois

Devine v. Illinois Central Railroad

191 Ill. App. 330, 1915 Ill. App. LEXIS 980

CourtAppellate Court of Illinois

DecidedFebruary 3, 1915

DocketGen. No. 18,723

StatusPublished

This text of 191 Ill. App. 330 (Devine v. Illinois 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

Devine v. Illinois Central Railroad, 191 Ill. App. 330, 1915 Ill. App. LEXIS 980 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Presiding Justice Baume

delivered the opinion of the court.

5. Railroads, § 740*—questions for jury. Whether the sides of a freight car improperly project so as to strike a pile of frames alongside a railroad track-and whether a railroad company is chargeable with knowledge that its sides so project are questions requiring submission to the jury under the evidence. 6. Railroads, § 516*—duty towards persons near defective car moved on track. Where the sides of a car improperly project prior to an accident, and the railroad company is chargeable with knowledge of such projection, the duty is imposed upon the railroad company to exercise reasonable care to see that the track upon which it moves the car is in a reasonably safe condition to permit such car to be moved thereon without injury to persons rightfully near such car. 7. Railroads, § 740*—question of notice as to clear space for jury. The question whether a railroad company is charged with notice of the clear space between a pile of frames and its track is one for the jury. 8. Railroads, § 762*—where question of contributory negligence requires submission to jury. In an action for the wrongful death of a watchman injured by frames falling when struck by a passing freight car, whether deceased was in the exercise of due care for his own safety is one of fact requiring submission to the jury.

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Mr. Presiding Justice Baume

delivered the opinion of the court.

5. Railroads, § 740*—questions for jury. Whether the sides of a freight car improperly project so as to strike a pile of frames alongside a railroad track-and whether a railroad company is chargeable with knowledge that its sides so project are questions requiring submission to the jury under the evidence. 6. Railroads, § 516*—duty towards persons near defective car moved on track. Where the sides of a car improperly project prior to an accident, and the railroad company is chargeable with knowledge of such projection, the duty is imposed upon the railroad company to exercise reasonable care to see that the track upon which it moves the car is in a reasonably safe condition to permit such car to be moved thereon without injury to persons rightfully near such car. 7. Railroads, § 740*—question of notice as to clear space for jury. The question whether a railroad company is charged with notice of the clear space between a pile of frames and its track is one for the jury. 8. Railroads, § 762*—where question of contributory negligence requires submission to jury. In an action for the wrongful death of a watchman injured by frames falling when struck by a passing freight car, whether deceased was in the exercise of due care for his own safety is one of fact requiring submission to the jury.

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Bluebook (online)

191 Ill. App. 330, 1915 Ill. App. LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devine-v-illinois-central-railroad-illappct-1915.