Halloran v. Belt Ry. Co. of Chicago

PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

This is a personal injury suit with summary judgment for Consumers Company, one of the defendants. Plaintiff has appealed, as the trial court found there was no just reason for delaying the enforcement or appeal.

On September 10, 1957, plaintiff, then thirteen years old, was severely injured when he slipped and fell under a moving train, north of, and about 30 feet from, a sand pile on the premises owned by Consumers, upon which he had been playing.

The train was being operated on an east and west railroad embankment, at or near 75th…