Appellate Court of Illinois, 1914

Elder v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.

Elder v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.
Appellate Court of Illinois · Decided May 4, 1914 · McSurely
186 Ill. App. 199; 1914 Ill. App. LEXIS 848

Elder v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.

Opinion of the Court

Mr. Justice McSurely

delivered the opinion of the court.

Abstract of the Decision. 1. Railroads, § 738*—when judgment for damages to automobile cannot be sustained. In an action against a railroad company for damages to plaintiff’s automobile by being struck by an engine at a street crossing, the evidence showed that servants of plaintiff attempted to drive the automobile over the crossing on a dark night without looking to see if a train was approaching and that there was nothing to prevent them from seeing the approaching locomotive with its headlight burning had they looked. Held that a judgment for plaintiff could not be sustained for the reason that plaintiff, through his agents, was guilty of contributory negligence. 2. Railroads, § 668*—when driver of automobile approaching railroad crossing guilty of contributory negligence. A person driving an automobile on a dark night upon a railroad track, where it is known that trains are frequently passing, without the slightest concern whether or not a train is approaching is guilty of contributory negligence barring a recovery.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.