Smith Ex Rel. Silverman v. Terminal Railroad

Action for personal injuries. Judgment for $18,-000. Plaintiff appealed from the order granting defendant a new trial.

In substance the petition alleged that plaintiff was injured by defendant’s train in Venice, Illinois, while he was gathering coal from defendant’s tracks, which pass through a thickly populated district. It further alleged that the Missouri humanitarian doctrine is the same as the willful and wanton doctrine of Illinois; that at and near the place on the tracks where plaintiff was injured many persons, for a considerable period of time, 'had been using the tracks, to walk…