Chicago & Alton Railway Co. v. Averill

Hr. Justice Puterbaugh

delivered the' opinion of the court.

This is an action on the case originally brought by appellee against the Springfield Consolidated Railway Company and appellant, to recover damages for an alleged injury received by appellee while a passenger on a car of the street car company with which an engine of the appellant collided. A declaration was filed charging various acts of negligence against both defendants. The street car company afterward paid appellee $1,250, and the suit was dismissed as to it. All of the original counts of the declara- ° tion were then withdrawn…