Ill. Cent. R. Co. v. Humphries

Ethridge, J.,

delivered a dissenting opinion.

I think the judgment of the court below should have been affirmed. On the former trial of the case the defendant pleaded assumption of risk as a defense to the suit, in addition to the general issue. In this notice under the 'general issue under the assumption of risk, it was contended that the cinders and clinkers which caused the death of the decedent had been placed upon and along the track as ballast prior to November 3d of the year of the injury, had been so placed along the track for a long period of time, and that the deceased had often been…