Fowler v. Chicago Railways Co.

Mr. Presiding Justice Goodwin

delivered the opinion of the court.

Appellee, "who will he referred to as plaintiff, recovered a judgment for $3,500 on account of the death of his intestate, in an action brought for the benefit of the surviving mother and minor sister. The declaration alleged that the appellant, who will be referred to as the defendant, was in control of a certain portion of a public highway, and operated a street railway over it under the provisions of an ordinance which required it to keep that portion of the highway in safe repair and condition; that it failed to do so, and…