Lake Shore & Mich. Southern Ry. Co. v. Kuhlman

• Citation: 18 Bradw. 222,18 Ill.App. 222
• Court: United States Appellate Court of Illinois
• Decision Date: 31 October 1885
• Parties: LAKE SHORE & MICHIGAN SOUTHERN RAILWAY CO.v.WILLIAM KUHLMAN, Adm'r, etc.

18 Ill.App. 222

18 Bradw. 222

LAKE SHORE & MICHIGAN SOUTHERN RAILWAY CO.

v.WILLIAM KUHLMAN, Adm'r, etc.

Appellate Court of Illinois, First District.

October Term, 1885.

OPINION TEXT STARTS HERE

APPEAL from the Superior Court of Cook county; the Hon. ELLIOTT ANTHONY, Judge, presiding. Opinion filed January 20, 1886.

Mr. CYRUS D. ROYS and Mr. PLINY B. SMITH, for appellant.

Mr. CLARENCE F. DORE, for appellee.WILSON, J.

This was an action on the case brought by the administrator of Adolph Harbaum against appellant, to recover damages for the death of Harbaum, who was run over and killed by appellant's cars while attempting to cross the company's tracks at Polk street, in the city of Chicago. There was a jury trial resulting in a verdict against appellant for $1,425, for which sum appellee had judgment. Appellant's motion for a new trial being overruled, it appealed to this court.

The facts are within very narrow limits, and as to those upon which the case turns there is no substantial dispute. At the point where the accident happened, Polk street is crossed by a system of railroad tracks, nine in number, nearly parallel to each other. On each side of the tracks are gates which are lowered across the streets when trains are passing, and in the night time red lights are hung on the gates. These gates extend entirely across the roadway, the ends projecting about a foot over the sidewalk. They are notice to foot passengers and the drivers of teams alike of the approach and passing of cars. On the evening of the accident Harbaum, with two companions, approached the crossing from the west, and as they reached the tracks, a Rock Island passenger train was going out on the westerly tracks while a Lake Shore and Michigan Southern train was switching on the easterly tracks, the gates being at the time lowered across the streets. After the Rock Island train had passed, Harbaum and his friends, without waiting for the gates to be raised, started to cross the tracks. As they were passing the flagman, he told them to look out, that trains were passing. There were also upon the crossing two switchmen with lighted lanterns, and a watchman warning people to keep back. As they neared the track next west of the east track, the switching train, hidden from view by cars standing on an intervening track, was backing in; upon discovering which Harbaum attempted to run around in front of it and thus cross over, in doing which he was struck by the train and killed.

It seems to us that the simple statement of the facts is enough to show that the deceased lost his life through his own rashness and folly. It appeared that he and his two...