Nadler v. Illinois Commercial Men's Ass'n

Mr. Presiding Justice Barnes

delivered the opinion of the court.

One Frank Nadler, to whom appellant issued an accident insurance policy, met his death as the result of the derailment of a railroad train, propelled by steam, consisting of an engine, tender, six loaded freight cars, a caboose and a passenger coach. At the time of the accident he was riding as a passenger in said coach. The train was under charge and control of a conductor and train crew, and ran on schedule time carrying passengers and baggage as well as freight.

The sole question here involved is whether such train was a…