Publications

Articles on Railroads

New rules adopted to improve railroad employee working conditions

January
2010
Illinois Law Update
Page 16
The Illinois Commerce Commission (the commission) amended regulations that require railroad employers to sufficiently protect the health and wellness of their employees, in an effort to further improve the safety and working conditions for railroad employees throughout the state. 

Illinois signs compact to encourage the development of Midwestern passenger rails - PA 094-1077

June
2007
Illinois Law Update
Page 292
Reflecting the continuing importance of rail travel and the concern over the aging railways in the state, the Illinois General Assembly has passed the Midwest Interstate Passenger Rail Compact Act (Act) in an effort to work in conjunction with other Midwestern states in the hope of improving and developing railway transportation throughout the region.

Automated railroad crossing enforcement permitted. PA 094-0771

September
2006
Illinois Law Update
Page 464
In an effort to increase safety at railroad crossings, Section 11-1201.1 of the Illinois Vehicle Code was amended, and section 11-1201.5 was added. 625 ILCS 5/11-1201.1 and 1201.5.

Increased security authorized at railroad terminals PA 094-0736

July
2006
Illinois Law Update
Page 334
Due to increasing security concerns regarding public transportation after Sept. 11, 2001, section 18c-7503 of the Illinois Vehicle Code, 625 ILCS 5/18c-7503, has been amended to provide for terminal security on railroad property by adding section 2.5 and amending subsection 3.

Railroad operator liable for injury to frequent trespasser

May
2006
Illinois Law Update
Page 230
On March 10, 2006, the Illinois Appellate Court, First District, answered two certified questions posed by the Circuit Court of Cook County, regarding the liability of a railroad company to a trespasser. 

Rail carriers required to provide walkways for their employees

May
2005
Illinois Law Update
Page 232
The Illinois Commerce Commission (Commission) recently adopted 92 Ill Adm Code 1546, effective February 15, 2005. This part requires that rail carriers provide walkways for railway workers.

Rail Carriers Must Foot Bill for Sign Installation P.A. 93-0604

February
2004
Illinois Law Update
Page 70
Effective immediately, when the Illinois Commerce Commission orders the installation of luminous flashing signal or crossing gate devices at a particular grade crossing.

Plaintiff’s negligence in railroad accident does not prevent finding of negligence of defendant

March
2000
Illinois Law Update
Page 128
On December 22, 1999, the Second District Appellate Court overruled the summary judgment granted to the defendants by the circuit court of McHenry County.

A railway company does not owe a trespasser a duty of ordinary care, only a duty to refrain from engaging in willful and wanton conduct.

December
1998
Illinois Law Update
Page 662
On October 8, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that plaintiff, Charles Reid, was not a permissive user of the railway tracks owned by the defendant, Norfolk & Western Railway Company (N & W).

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