58 Ill. 83 (Ill. 1871), Chicago & Alton Railroad Company v. Garvy

• Citation: 58 Ill. 83
• Opinion Judge: Mr. Justice Thornton.
• Party Name: CHICAGO & ALTON RAILROAD COMPANY v. MARY GARVY, ADM'X, ETC
• Attorney: Mr. A. W. CHURCH and Messrs. WILLIAMS & BURR, for the appellant. Messrs. STEVENSON & EWING, for the appellee.
• Court: Supreme Court of Illinois

Page 83

58 Ill. 83 (Ill. 1871)

CHICAGO & ALTON RAILROAD COMPANY

v.

MARY GARVY, ADM'X, ETC

Supreme Court of Illinois, Central Grand Division

January, 1871

APPEAL from the Circuit Court of McLean county; the Hon. JOHN M. SCOTT, Judge, presiding.

Judgment affirmed.

Mr. A. W. CHURCH and Messrs. WILLIAMS & BURR, for the appellant.

Messrs. STEVENSON & EWING, for the appellee.

OPINION

Mr. Justice Thornton.

Page 84

This was an action on the case, under the statute, for a wrongful killing.

As is usual, in such cases, the evidence was contradictory.

The party was killed on a dark night, at the crossing of a public street, in the city of Bloomington. The company had several tracks crossing the street.

On the night of the accident, two trains were passing,--one going north and one south.

The deceased and two companions started to cross the street, and were hindered by the northern bound train. They stopped to let it pass. Immediately after its passage, they stepped on the track, and all three were knocked down and one was killed.

The cars which caused the death, were detached from the engine, and though running slowly at the time, were under the control of no person. On a dark night in a populous city, and on a public thoroughfare, frequently used, this was great negligence in itself.

The jury were authorized to find, from the evidence in the record, that no signal was given of the approach of the cars; that there were no lights upon them; that there was no brakeman or other employee of the company to warn passengers, or check the speed in case of danger, and that the cars were not attached to any locomotive.

These facts found, would constitute negligence from which the company can not be relieved by any proof contained in the record.

It is claimed that the deceased was deaf, and careless and reckless. There is no proof of the alleged...