Illinois Cent. R. Co. v. Martin

The suit is to recover damages for personal injuries. The complaint counts upon wanton injury, and upon negligence after discovery of peril.

The plaintiff was admittedly a trespasser, using defendant’s tracks as a walkway. Plaintiff’s evidence tended to show that the place of the accident, within the corporate limits ,of the town of Dora, was at the time in such frequent, continuous use as a roadway by persons in such numbers that some person was likely to be in an exposed position upon the track and liable to injury by running trains at that hour at a high rate of speed without due…