Carey v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Mason, J.:

G. W. Carey was run over by a car of the Chicago, Rock Island & Pacific Railway Company, receiving fatal injuries. His wife recovered a judgment against the company, and it appeals.

Carey was employed by the defendant as a workman in a stone quarry two miles west of Dwight. A spur track twenty rods long ran from the main line in a southwesterly direction to the quarry, curving around an embankment which cut off a view of the main track east of the switch. The spur track was used exclusively for setting in empty cars to be loaded, and shifting…