Bale v. Chicago Junction Railway Co.

The defendant in error recovered a judgment against the plaintiff in error for the death-of his intestate, James Dunworth. The Appellate Court affirmed the judgment and its record is now before us for review. A reversal is asked because the deceased was guilty of contributory negligence without which the accident would not have happened, the plaintiff’s counsel made improper statements in his argument, and the court gave an erroneous instruction.

The accident happened about two o’clock of a bright, clear day in February, at the crossing of Wallace street, running north and south, and the…