hereto. [As amended by Act approved June 19, 1885. In force July 1, 1885. L. 1885, Legal News Ed., p. 178.]

NOTE.-Mix v. Illinois Cent. R. Co. 116 Ill. 502; Indianapolis & St. L. R. Co. v. People 91 Ill. 452; etc

AN ACT in regard to the dangers incident to railroad crossings on the same level. [Approved June 2, 1887. In force July 1, 1887. L. 1887, p. 252.] (Hurd's Re

vised Statutes 1917, Ch. 114, Secs. 76a-102.)

155. Railroads Crossing Each Other on Same Level-Requirements.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That when and in case two or more railroads crossing each other at a common grade, or any railroad crossing any stream or harbor by swing or draw bridge shall, by a system of interlocking and automatic signals, or by other works, fixtures and machinery to be erected by them, or either of them, render it safe for engines and trains to pass over such crossing or bridge without stopping and such system of interlocking and signals, works or fixtures shall be first approved by the Railroad and Warehosue Commissioners, or any two of them, and a plan of such interlocking and signals, works and fixtures for such crossing designating the plan of crossing shall have been filed with such Railroad and Warehouse Commissioners then, and in that case, it is hereby lawful for the engines and trains of any such railroad or railroads to pass over said crossing or bridge without stopping, any law, or the provisions of any law, now in force to the contrary notwithstanding; and all such other provisions of laws contrary thereto are hereby declared not to be applicable in such case: Provided, that the said Railroad and Warehouse Commissioners shall have power in case such interlocking system, in their judgment, shall by experience prove to be unsafe or impracticable to order the same to be discontinued. [As amended by Act approved May 28, 1891. In force July 1, 1891. L. 1891, p. 179.]

NOTE. The Public Utilities Commission Law, after expressly repealing the Act creating the Board of Railroad and Warehouse Commissioners and the Act defining and regulating express companies, provides that "nothing in this Act shall be construed to repeal any other Act or part thereof conferring power on said Board of Railroad and Warehouse Commissioners except such as are in direct conflict herewith, but the rights, powers and duties conferred by law upon the Board of Railroad and Warehouse Commissioners shall be continued in full force and transferred to the State Public Utilities Commission, it being the intent of this Act to substitute the State Public Utilities Commission for the said Board of Railroad and Warehouse Commissioners." (Public Utilities Commission Law, Sec. 81.) Ante, 81. The jurisdiction, therefore, conferred upon the Board of Railroad and Warehouse Commissioners by virtue of the above section of the railroad statute is transferred to the State Public Utilities Commission.

156. Civil Engineer to Examine System-Compensation.

§ 2. The said Railroad and Warehouse Commissioners may appoint a competent civil engineer to examine such proposed system and plans, and report the result of such examination for the information of such Railroad and Warehouse Commissioners; and said Railroad and Warehouse Commissioners are hereby authorized to allow and reward five dollars per day as a compensation for the services of such civil engineer, of such reasonable sum as such commissioners shall deem fit, and to allow and reward such other and further sums, as they shall deem fit to pay all other fees, costs and expenses to arise under said application, to be paid by the railroad company or companies in interest, to be taxed and paid or collected as in other cases. And the said Railroad and Warehouse Commissioners are also empowered on application for their approval of any such system of interlocking and signals, works or fixtures, to require of the applicant security for such fees, costs and expenses, or the deposit, in lieu thereof, of a sufficient amount in money for that purpose to be fixed by them.1

NOTE. See note under preceding section.

157. Not to Obstruct Highway-Stoning Train.

§ 14. No railroad corporation shall obstruct any public highway by stopping any train upon, or by leaving any car or locomotive engine standing on its tracks where the same intersects or crosses such public highways,

except for the purpose of receiving or discharging passengers or freight, or for taking in or setting out cars, or to receive the necessary fuel and water, and in no case to exceed ten minutes for each train, car or locomotive engine. Any person who shall throw any stone, or other hard substance at any railroad car, train or locomotive, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not more than $200, and shall stand committed to the county jail until such fine and costs shall be paid. [As amended by Act approved June 21, 1895. In force July 1, 1895; L. 1895, p. 293.]

NOTE.-Illinois Cent. R. Co. v. People 49 Ill. App. 542; People v. Collins 160 Ill. App. 225; Houren v. Chicago M. & St. P. R. Co., 236 Ill. 620; etc.

158. Penalty.

§ 15. Every engineer or conductor violating the provisions of the preceding section shall, for each offense, forfeit the sum of not less than $10 nor more than $100, to be recovered in an action of debt, in the name of the People of the State of Illinois, for the use of any person who may sue for the same, and the corporation on whose road the offense is committed shall be liable for the like sum.

159. Minors to Keep Off Cars.

§ 17. No person or minor shall climb, jump, step, stand upon, cling to, or in any way attach himself to any locomotive engine or car, either stationery or in motion, upon any part of the track of any railroad, unless in so doing he shall be acting in compliance with law, or by permission, under the lawful rules and regulations of the corporation then owning or managing such railroad.

160. Railroad Agent to Make Complaint.

§ 18. Whenever any officer, agent, or employee of any railroad corporation shall have any information that any person or minor has violated any of the provisions of the preceding section, and has thereby endangered himself, or caused reasonable alarm to others, said officer, agent, or employee shall, without unnecessary delay, make complaint of such offense against such person or minor before some justice of the peace.

161. Penalty.

§ 19. Any person or minor who shall violate any of the provisions of the seventeenth section of this Act shall be punished by a fine not exceed ing $25, to be recovered in an action of debt, in the name of the People of the State of Illinois, before a justice of the peace, or, upon conviction, by imprisonment in the county jail, or other place of confinement, for a period not exceeding twelve hours.

162. Three Preceding Sections Posted.

§ 20. The several railroad corporations in this State shall, without unnecessary delay, cause printed copies of the three preceding sections of this Act to be kept posted in conspicuous places at all their stations along their lines of railroad in this State. Every railroad corporation that shall neglect to post, and keep posted, such notices as required by this section, shall, for each offense, forfeit the sum of $50, to be recovered in an action of debt, in the name of the People of the State of Illinois.

163.

No Freight Cars Behind Passenger Cars.

$ 21. In no train shall freight, merchandise or lumber cars be run in the rear of passenger cars, and if such cars, or any of them, shall be so run, the officer or agent who so directed, or knowingly suffered such arrangement to be made, shall each be deemed guilty of a misdemeanor, and punished accordingly. [2d L. 1849, p. 31, § 37.]

164.

NOTE. See Illinois Cent. R. Co. v. Byrne 205 Ill. 9, Affg. 105 Ill. App. 96. Must Furnish Cars and Transport Passengers and Property-When. § 22. Every railroad corporation in the State shall furnish, start and run cars for the transportation of such passengers and property as shall,

within a reasonable time previous thereto, be ready or be offered for transportation at the several stations on its railroads and at the junctions of other railroads, and at such stopping places as may be established for receiving and discharging way-passengers and freights; and shall take, receive, transport and discharge such passengers and property, at, from and to such stations, junctions and places, on and from all trains advertised to stop at the same for passengers and freight, respectively, upon the due payment, or tender of payment of tolls, freight or fare legally authorized therefor, if payment shall be demanded, and such railroad companies shall at all junctions with other railroads, and at all depots where said railroad companies stop their trains regularly to receive and discharge passengers in cities and villages, for at least one-half hour before the arrival of, and one-half hour after the arrival of any passenger train, cause their respective depots to be open for the reception of passengers; said depots to be kept well lighted and warmed for the space of time aforesaid. [As amended by Act approved June 25, 1883. In force July 1, 1883. L. 1883, p. 125.]

NOTE.-See Sec. 51 of the Public Utilities Commission Law, giving the Commission power to compel the maintenance of an adequate service. Ante, 51.

See Mulberry Hill Coal Co. v. Illinois Cent. R. Co., 257 Ill. 80 as to constitutionality; Donovan v. Pennsylvania Co. 199 U. S. 279, 50 L. Ed. 192; People v. St. Louis, A. & T. H. R. Co. 176 Ill. 512; People v. E. St. Louis & S. R. Co. 122 Ill. App 431; Litchfield & Madison R. Co. v. People 222 Ill. 242 relative to duty to carry; People v. Illinois Cent. R. Co. 241 Ill. 471, Affg. 143 Ill. App. 337 relative to duty to furnish cars; etc.

§ 23. In the case of the refusal of such corporation or railroad company, or its agents, to take, receive and transport any person or property, or to deliver the same within a reasonable time, at their regular or appointed time and place, or to keep their said depots open, lighted and warmed according to the provisions of the preceding section of this Act, such corporation or railroad company shall pay to the party aggrieved, treble the amount of damages sustained thereby, with costs of suit; and in addition thereto, said corporation or railroad company shall forfeit a sum of not less than twenty-five dollars, nor more than one thousand dollars for each offense, to be recovered in an action of debt, in the name of the People of the State of Illinois-the treble damages for the use of the party aggrieved, and the forfeiture for the use of the school fund of the county in which the offense is committed. [As amended by Act approved June 25, 1883. In force July 1, 1883. L. 1883, p. 125.]

NOTE.-See Atchison T. & St. Fe Ry. Co. v. People 227 Ill. 270, Revg. 128 Ill. App. 38; etc.

166. Speed Through Cities, Etc.-Damages.

$ 24. Whenever any railroad corporation shall by itself or agents, run any train, locomotive engine, or car, at a greater rate of speed in or through the incorporated limits of any city, town or village, than is permitted by any ordinance of such city, town or village, such corporation shall be liable to the person aggrieved for all damages done the person or property by such train, locomotive engine or car; and the same shall be presumed to have been done by the negligence of said corporation or their agents; and in addition to such penalties as may be provided by such city, town or village, the person aggrieved by the violation of any of the provisions of this section, shall have an action against such corporation, so violating any of the provisions to recover a penalty of not less than one hundred dollars ($100), nor more than two hundred dollars ($200), to be recovered in any court of competent jurisdiction; said action to be an action of debt, in the name of the People of the State of Illinois, for the use of the person aggrieved; but the court or jury trying the case may reduce said penalty to any sum, not less, however, than fifty dollars ($50), where the offense committed by such violation may appear not to be malicious or willful: Provided, that no such ordinance shall limit the rate of speed, in case of passenger trains to less than ten miles per hour, nor in any other case to

less than six miles per hour. [As amended by Act approved May 22, 1877. In force July 1, 1877. L. 1877, p. 165.]

NOTE. See Chicago, R. I. & Pacific R. Co. v. Reidy 66 Ill. 43 as to constitutionality; City of Lake View v. Tate 33 Ill. App. 78 Affd. 130 III. 247 and Derges v. Chicago, B. & Ó. R. Co. 148 Ill. App. 639 as to power of municipalities ;etc.

167. Time of Stop at Stations.

§ 25. Every railroad corporation shall cause its passenger trains to stop upon its arrival at each station advertised by such corporation as a place for receiving and discharging passengers, upon and from such trains. a sufficient length of time to receive and let off such passengers with safety: Provided, all regular passenger trains shall stop a sufficient length of time at the railroad station of county seats, to receive and let off passengers with safety: But provided, further. that where three (3) regular passenger trains each way each day are so stopped at the railroad stations of county seats on any division of any railroad in this State, it shall be lawful for not more than two through express or mail passenger trains carrying mail or express and passengers from one state to another, each way each day. to pass through the railroad stations of county seats on such division in this State without stopping. [As amended by Act approved April 11, 1899. In force July 1, 1889. L. 1889, p. 333; Legal News Ed., p. 244.]

NOTE.-See Cleveland, C. C. & St. Louis R. Co. v. People 177 U. S. 523, 44 L ed. 868 revg. 175 Ill. 359 as to constitutionality also Illinois Cent. R. Co. v. People 143 Ill. 434 revd. 163 U. S. 142, 41 L. ed. 107; Ohio & M. R. Co. v. People 29 Ill App. 561 and Lake Erie & W R. Co. v. People 42 Ill. App. 387 as to construction of the statute.

168. Brakeman, Etc., on Passenger Cars.

§ 26. No railroad corporation shall run or permit to be run upon its railroad any train of cars moved by steam power, for the transportation of passengers, unless there is placed upon the train one trusty and skillful brakeman for every two cars in the train, or unless the brakes are efficiently operated by power applied from the locomotive.

169. Brakeman on Freight Cars.

§ 27. No railroad corporation shall run or permit to be run upon its railroad any train of cars, for the transportation of merchandise or other freight, without a good and sufficient brake attached to the rear or hindmost car of the train, and a trusty and skillful brakeman stationed upon said car, unless the brakes are efficiently operated by power applied from the locomotive.

170. Damages-Penalty..

$ 28. If any railroad corporation shall violate any of the provisions of the three preceding sections, it shall be liable to the person aggrieved for all damages done to person or property by reason thereof, with costs . of suit; and in addition thereto, said corporation shall forfeit the sum of not less than $100 nor more than $500, for each offense, to be recovered in an action of debt, in the name of the People of the State of Illinois, for the use of any person aggrieved, before any court of competent jurisdiction. 171. Checks or Receipts for Baggage.

§ 29. Every railroad corporation, when requested, shall give checks or receipts to passengers for their ordinary baggage, when delivered for trans portation on any passenger train, which baggage shall, in no case, exceed one hundred pounds in weight for each passenger, and shall deliver such baggage to any passenger upon the surrender of such checks or receipts. Any such corporation willfully refusing to comply with the requirements of this section, shall pay a fine of not less than $10 nor more than $100. which may be recovered before any court of competent jurisdiction, in an action of debt, in the name of the People of the State of Illinois, for the use of the person aggrieved: Provided, that no passenger shall be entitled to receive checks or receipts for any baggage unless he shall have paid or tendered the lawful rate of fare for his transportation to the proper agent for such corporation.

172. Baggage Smashing. § 30. Any person employed by a railroad corporation in this State, who shall willfully, carelessly or negligently break, injure or destroy any baggage, shall be liable for the amount of damage to the owner thereof, and may be arrested, and, on conviction before a justice of the peace, be fined in any sum not exceeding $200, and held in custody or confined in the county jail until such fine shall be paid: Provided, that the remedy hereby given against such employee shall not lessen the liability of such corporation. [See "Criminal Code," Ch. 38, § 193.]

173. Order on Trains-Putting Off Passengers.

§ 31. If any passenger on any railroad car or train shall refuse, upon reasonable demand to pay his lawful fare, or shall, upon such car or train, use abusive, threatening, vulgar, obscene or profane language thereon, or shall so conduct himself as to make his presence offensive or unsafe to passengers thereon, it shall be lawful for the conductor of the train to remove, or cause to be removed, such passenger from the train; but if such conductor shall use, or cause or permit to be used, unreasonable force or violence, he shall be liable for all damages to the person injured thereby: Provided, that the recovery and satisfaction of damages, under the provisions of this section shall not lessen the liability of or the amount of the damage that such corporation may be liable to for such acts. [As amended by Act approved June 3, 1889. In force July 1, 1889. L. 1889, p. 224.]

NOTE. See Illinois Cent. R. Co. v. Latimer 128 Ill. 163, Affg. 28 Ill. App. 552; Toledo, P. & W. R. Co. v. Patterson 63 Ill. 304; etc.

174. Badge.

§ 32. Every conductor, baggage-master, brakeman, or other servant of any railroad corporation in this State, employed on a passenger train, or about the passenger depots, shall wear upon his hat or cap a badge which shall indicate his office. No conductor without such badge shall demand, or be entitled to receive from any passenger, any fare, toll or ticket, or exercise any of the powers of his office; and neither shall any other of said officers or servants, without such badge, be authorized to meddle or interfere with any passenger, his baggage or property.

175. Common Law Liability Not to be Limited.

§ 33. That whenever any property is received by any railroad corporation to be transported from one place to another, within or without this State, it shall not be lawful for such corporation to limit its common law liability safely to deliver such property at the place to which the same is to be transported, by any stipulation or limitation expressed in the receipt given for the safe delivery of such property.

NOTE. See Coats v. Chicago, R. I. & P. R. Co., 144 Ill. App. 81, Revd. 239 Ill. 154 as to constitutionality; See in general, Western Transp. Co. v. Newhall 24 Ill. 466, Illinois Cent. R. Co. v. Smyser & Co. 38 Ill. 354, Chicago & Northwestern Ry. Co. v. Simon 160 Ill. 648; Boscowitz v. Adams Express Co. 93 Ill. 523; etc.

176. To Furnish Ax, Saw, Sledge, Etc., for Each Car.

§ 34. That every railroad corporation shall furnish each car used for the transportation of passengers with one woodman's ax, one hand saw, one sledge hammer and two leather buckets; said articles to be kept in good repair, ready for instant use, and in some convenient place in such car, easy of access in case of collision or other accident.

177. Couplings.

§ 342. It shall be the duty of all railroad corporations operating any railroad in this State, to provide such of their passenger cars as are used in trains with some suitable automatic coupling, or other coupling which will secure personal safety, within one year from the time this law goes into effect, and any company refusing or neglecting to provide such automatic coupling, or other couplings which will secure personal safety, for