Allen v. Chicago, Rock-Island & Pacific Railway Co.

This is an action brought by plaintiffs (parents of Mary Wilma Allen, who at the time of the tragedy hereinafter set forth, lacked twenty-four days of being two years old), to recover $10,000 for the alleged negligent killing of said child in the operation of defendant’s train, shortly after noon of August 3, 1927.

The individual defendants are respectively, the engineer and the fireman in charge of the train that struck and killed the child.

There was a verdict and judgment in favor of plaintiffs in the sum of $7,000. The defendants appealed to the Supreme Court on the theory that, in addition…