Chicago, Burlington & Quincy Railroad v. Casey

The defendant in this case is charged with negligence; first, in constructing its platform known as the “milk platform,” and allowing it to remain in dangerous proximity to its railroad track; and, secondly, in giving permission to the plaintiff’s intestate and his companions to get upon the train while it was in motion. These two charges are distinct from each other, and depend upon entirely different proofs, and they are therefore to be considered separately.

In relation to the first charge, the court instructed the jury, in substance, that the defendant was under no legal obligation to so…