Illinois Cent. R. v. Mann

Etha Mann, by next friend, brought suit against the appellant for a personal injury inflicted by the appellant at Belmont, in Tishomingo county. The declaration *826was in three counts. The first count charged that the train which injured the plaintiff was being operated at an unlawful and excessive and dangerous rate of speed, and that this caused the injury. The 'second count charged that the servants of the railroad company in charge of the train saw the plaintiff in a perilous position on the track, or that by the exercise of ordinary care they should or could have seen him, and that,…