Hearell v. Illinois Central Railroad

Opinion of the Court by

Judge Quin

Affirming.

Earnest Hearell, as administrator of the estate of Winstell Hearell, instituted this action against appellees, defendants below, to recover damages for the death of his intestate, a private in the national guard, and one of a squad of six assigned to guard a trestle about 2y2 miles north of Wickliffe, at what is known as Minor’s Slough. The track, for practically the entire distance from Wickliffe to this point, is on a fill from 15 to 30 feet high. On the night of May 19, 1917, decedent had the watch from 6 o’clock to midnight; a rifle and a lantern…