Summary
In Speiring v. Chicago, E.I.R. Co., 325 Ill. App. 576, 60 N.E.2d 267, it was held to be error and that it "should not have been given" in that case.
Summary of this case from Fritz v. Pennsylvania R. Co.Opinion
Gen. No. 43,131. (Abstract of Decision.)
Opinion filed March 26, 1945
MASTER AND SERVANT, § 138 — employee not covered by railroad rule. In action for negligence against railroad employer under federal statutes and rule of interstate commerce commission, where it appeared that plaintiff yard conductor was permanently injured as result of collision at crossing between automobile and auxiliary tender, plaintiff jumping from tender when he saw auto approaching, held that it was error to receive in evidence defendant railroad's rule requiring locomotive engineers to whistle at highway crossings, since it was made for benefit of people travelling across highway over defendant's railroad, and not for men crossing highway on defendant's train, and plaintiff was not in class covered by rule.
See Callaghan's Illinois Digest, same topic aud section number.
Appeal from the Superior Court of Cook county; the Hon. ORAL P. TUTTLE, Judge, presiding.
Reversed and remanded. Heard in the first division, first district, this court at the October term, 1944.
Rawlins Wright and T.N. Cook, for appellant;
James P. Wright and F.W. Johnson, of counsel.
Edward B. Henslee and Paul R. Brown, for appellee;
Melvin L. Griffith, of counsel.
Not to be published in full. Opinion filed March 26, 1945; rehearing denied April 11, 1945; released for publication April 11, 1945.