Atchison, Topeka & Santa Fe Railroad v. Alsdurf

This is a suit by appellee as administrator of Eugene C. Judd to recover damages on account of the death of said Judd, who was killed at Mazon, Illinois, while in the employ of appellant, as brakeman on a freight train. It was charged in the declaration that while deceased was in the performance of his duty he was run over and killed because of negligence of appellant in not keeping the spaces between the' ties filled with gravel, cinders or other material in the side track where the accident occurred, and in keeping old rails on said track on which there were iron slivers. There was a trial…