Eilts v. Illinois Central Railroad

On May 1, 1938, appellee Armien Eilts, and another boy named John Monser, drove from the city of Wenona to the city of Toluca, where they spent the afternoon. It was on Sunday and Armien Eilts was using his father’s automobile. On the way back, smoke was encountered upon the highway due to burning grass along the side of the road and upon the right of way of defendant railroad company. This was shortly before 5 o’clock in the afternoon. The Monser boy, who was riding with appellee, states that he was riding in the front seat, on the right of appellee, with his feet extended outside the car…