Spring v. Toledo, Peoria & Western Railroad

A jury in the circuit court of Peoria County returned a general verdict finding the defendant Toledo, Peoria 8c Western Railroad Company liable for wilful and wanton conduct in connection with the alleged wrongful death of plaintiff’s husband, Glenn E. Spring, who was struck by a train while trespassing across the railroad’s right-of-way. The jury also returned a special verdict finding the decedent to have been contributorially negligent. On the railroad’s post-trial motion, the circuit court set aside the jury’s general verdict for plaintiff, substituted a directed verdict for the railroad,…