Chicago & Alton Railroad v. Smith

Appellee sued appellant in the circuit court of Madison county for negligently causing the death of his intestate. The declaration was of four counts. The first charged that the train by which deceased was killed was negligently run. The second, that deceased was struck by ,one of its trains at a highway crossing, and that no bell was rung or whistle sounded. The third, that the train was being" run at a rate of speed in violation of an ordinance of the village of Madison, and then and there struck and killed the deceased. The fourth, that it carelessly allowed the planking at the crossing to…