Moser v. East St. Louis & Interurban Water Co.

I am unable to reconcile my own- conclusions in this case with those expressed in the majority opinion. I, therefore, respectfully dissent from said opinion.

The record discloses that the accident in question occurred on North Twenty-eighth street in Belleville. This street runs north and south and is 24 feet wide from curb to curb. It was still daylight, toward evening, and plaintiff with other children was playing a game known as “5-10,” which is rather vaguely described as being played as follows: “five-ten, no stop, no pushing, no running, red light halt, no steps.” Plaintiff’s testimony…