O'Rourke v. Louisville & Nashville Railroad

Mr. Presiding Justice Higbee

delivered the opinion of the court.

Appellee, the wife and administratrix of the estate of James M. O’Rourke, deceased, brought suit to recover damages for the benefit of his next of kin, for his death alleged to have been caused by the negligence of appellant. The declaration alleged that appellant’s servants received appellee’s intestate while he was in a drunken condition, as a passenger on its train at East St. Louis, to be transferred to Shawneetown, Illinois; that such condition was apparent and known to said servants at the time he wás so received; that his…