Chicago, Burlington & Quincy Railroad v. VanPatten

Mr. Justice-Scott

delivered the opinion of the Court:

This was an action, brought by the appellee as administratrix, against thé railway company, under the statute, to recover damages for causing the death of Matthew B. VanPatten.

It is charged that on the fourth day of January, 1871, as the deceased was about to cross the track of appellant’s railroad, on a public crossing within the village of Farmington, being in the exercise of due care and caution, he was 'run over and killed by a train of cars operated and managed by the servants of the appellant.

The acts of negligence which are relied on…