Fencing and operating railroads. lawful rate of fare for his transportation to the proper agent for such corporation. 93. § 30. Any person employed by a railroad corpora- Baggage tion in this State, who shall wilfully, carelessly or negli- smashing. gently 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 $200.00, and held in custody or confined in the county jail until such fine shali be paid: Provided, that the remedy hereby given against such employé shall not lessen the liability of such corporation. [See "Criminal Code," ch. 38, § 193. off passengers. 94. § 31. If any passenger on any railroad car or train Putting 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 far 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. 95. 32. Every conductor, baggage master, brakeman Badge. 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 [*813] any fare, or 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. law liability not ited. 96. § 33. That whenever any property is received by Common any railroad corporation to be transported from one place to be limto another, within or without the 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. a x, saw, sledge, etc., for each 97. § 34. That every railroad corporation shall furnish To furnish, each car used for transportation of passengers with one woodman's ax, one hand saw, one sledge hammer and two NOTE-The Act amending this section contains the following: $ 2. car. All Acts or parts of Acts in conflict with this Act are hereby repealed. Coupling. Flag man shelter. Penalties. Fencing and operating railroads. 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. 98. § 342. It shall be the duty of ail 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 coupling that will secure personal safety, for each passenger car so used in trains, shall be liable to a fine of not less than $25.00 nor more than $50.00. 99. 35. In all cases where the public authorities having charge of any street over which there shall be a railroad crossing, shall notify any agent of the corporation owning, using or operating such railroad that a flagman is necessary at such crossing, it shall be the duty of such railroad company, within 60 days thereafter, to place and retain a flagman at such crossing, who shall perform the duties usually required of flagmen; and such flagman is hereby empowered to stop any and all persons from crossing a railroad track when, in his opinion, there is danger from approaching trains or locomotive engines; and any railroad company refusing or neglecting to place flagmen as required by this section, shall be liable to a fine of $100.00 per day for every day they shall neglect or refuse to do so; and it is hereby made the duty of such public authorities having charge of such street to enforce the payment of such fine, by suit, in the name of the town or municipal corporation wherein such crossing shall be situated, before any court of competent jurisdiction in the county, and the prosecuting attorney shall attend to the prosecution of all suits as directed by said public authorities. All the moneys collected under the provisions of this Act, shall be paid into the treasury of the town or municipal corporation in whose name such suits shall have been brought: Provided, that when any railroad company is required to keep a flagman at a crossing, it shall have the right to erect and maintain in the highway or street crossed a suitable house for the shelter of such flagman, the same to be so located as to create the least obstruction to the use of such street or highway and afford the best view of the railroad track each direction from such crossing. [L. 1869, p. 314, § 8. 100. 36. If any railroad corporation, or any of its agents, servants or employés, shall violate any of the provisions of this Act, such corporation, agent, servant or employé shall, severally, unless otherwise herein provided, be Fires by locomotives-Protection of passengers. liable to a fine of not less than $10.00 nor more than $200.00,| to be recovered in an action of debt, in the name of the People of the State of Illinois, for the use of the person aggrieved, before any court of competent jurisdiction. defined. 101. § 37. The word "corporation," as used in this Corporations Act, shall be construed to include all companies, lessees, contractors, persons or associations of persons, owning, operating or using any railroads in this State. rail roads. 102. § 38. This Act shall not apply to horse cars or Street street railways § 39. Repeal omitted. See "Statute," ch. 131, § 5. AN ACT relating to fires caused by locomotives. [Approved and in force March 29, 1869. Laws 1869, p. 312. [*814 motives. 103. 1. Be it enacted by the People of the State of Fires by locoIllinois, represented in the General Assembly: That in all actions against any person or incorporated company for recovery of damages on account of any injury to any property, whether real or personal, occasioned by fire communicated by any locomotive engine while upon or passing along any railroad in this State, the fact that such fire was so communicated shall be taken as fuil prima facie evidence to charge with negligence the corporation, or person or persons who shall at the time of such injury by fire, be in the use and occupation of such railroad, either as owners, lessees or mortgagees, and also those who shall at such time have the care and management of such engine; and it shall not in any case be considered as negligence on the part of the owner or occupant of the property injured, that he has used the same in the manner, or permitted the same to be used or remain in the condition it would have been used or remained had no railroad passed through or near the property so injured, except in case of injury to personal property, which shall be at the time upon the property occupied by such railroad. This Act shall not apply to injuries already committed. 104.2. This Act shall take effect and be in force Act takes effrom and after its passage. fect. AN ACT to amend an Act entitled, "An Act for the protection of passengers on railroads," approved May 14, 1877; in force July 1, 1877. [Approved May 29, 1879; in force July 1, 1879. Laws 1879, p. 223; Legal News Ed., p. 171. SECTION 1. Be it enacted by the People of the State of Amended. Illinois, represented in the General Assembly: That an Act entitled, "An Act for the protection of passengers on rail police pow Obstructing the operation of railroads. roads," approved May 14, 1877, in force July 1, 1877, be amended so as to read as follows: "An Act for the protection of passengers on railroads and steamboats." Conductors in- 105. § 2. That the conductors of all railroad trains vested with and captain or master of any steamboat carrying passengers within the jurisdiction of this State, shall be invested with police powers while on duty on their respective trains and boats. ers. Ejection of 106. § 3. When any passenger shall be guilty of dispassengers orderly conduct, or use any obscene language, to the annoyfrom train. ance and vexation of passengers, or playing any game of cards, or other games of chance for money or other valuable thing, upon any railroad train or steamboat, the conductor of such train and captain or master of such steamboat is hereby authorized to stop his train or steamboat, at any place where such offense has been committed and eject such passenger from the train or boat, using only such force as may be necessary to accomplish such removal, and may command the assistance of the employés of the railroad company or steamboat, or any of the passengers, to assist in such removal; but before donig so he shall tender to such passenger such proportion of the fare he has paid as the distance he then is from the place to which he has paid his fare bears to the whole distance for which he has paid his fare. When passen arrested. 107. § 4. When any passenger shall be guilty of any ger may be crime or misdemeanor upon any train or steamboat, the conductor, captain or master or employés of such train or boat, may arrest such passenger and take him before any justice of the peace, in any county through which such boat or train may pass, or in which its trip may begin or terminate, and file an affidavit before such justice of the peace, charging him with such crime or misdemeanor. AN ACT to prohibit any person from obstructing the regular operation and conduct of the business of railroad companies or other corporations, firms or individuals. [Approved June 2, 1877; in force July 1, 1877. L. 1877, p. 167; Legal News Ed., p. 155. Engineers not engine 108. § 1. Be it enacted by the People of the State of to abandon Illinois, represented in the General Assembly: If any locoFine. motive engineer, in furtherance of any combination or agreement, shall wilfully and maliciously abandon his locomotive upon any railroad at any other point than the regular schedule destination of such locomotive, he shall be fined not less than $20.00 nor more than $100.00 and confined in the county jail not less than twenty days nor more than ninety days. To prevent frauds upon transfers, etc. structing business of railroadFine. 109. § 2. If any person or persons shall wilfully or Persons obmaliciously, by act or means of intimidation, impede or obstruct, except by due process of law, the regular operation and conduct of the business of any railroad company or other corporation, firm or individual in this State, or of the regular running of any locomotive engine, freight or passenger train of any such company, or the labor and business of any such corporation, firm or individual, he or they shall, on the conviction thereof, be punished by a fine of not less than $20.00 nor more than $200.00 and confined in the county jail not less than twenty nor more than ninety days. 110. § 3. If two or more persons shall wilfully and maliciously combine or conspire together to obstruct or impede by any act, or by means of intimidation, the regular operation or conduct of the business of any railroad company, or any other corporation, firm or individual in this State, or to impede, hinder or obstruct, except by due process of law, the regular running of any locomotive engine, freight or passenger train on any railroad, or the labor or business of any such corporation, firm or individual, such person shall, on conviction thereof, be punished by a fine of not less than $20.00 nor more than $200.00 and confined in the county jail not less than twenty nor more than ninety days. Conspiracy to impede bus iness-Fine. of Act. 111. § 4. This Act shall not be construed to apply to Construction cases of persons voluntarily quitting the employment of any railroad company or such other corporation, firm or individual, whether by concert of action or otherwise, except as provided in section one (1) of this Act. AN ACT to prevent frauds upon travelers and owner or owners, of any railroad, steamboat or other conveyance for the transportation of passegers. [Approved April 19, 1875; in force July 1, 1875. L. 1875, p. 81; Legal News Ed., p. 101. to furnish agent certificate of authority to 112. § 1. Be it enacted by the People of the State of Owners Illinois, represented in the General Assembly: That it shall be the duty of owner or owners of any railroad or steamboat for the transportation of passengers to provide each sell tickets. agent who may be authorized to sell tickets, or other certificates entitling the holder to travel upon any railroad or steamboat, with a certificate setting forth the authority of such agent to make such sale; which certificate shall be duly attested by the corporate seal of the owner of such railroad or steamboat. 113. § 2. That it shall not be lawful for any person not possessed of such authority, so evidenced, to sell, barter or transfer, for any consideration whatever, the whole or part of any ticket or tickets, passes or other evidence to the Not lawful for persons not having such authority to sell tickets. |