Eaton v. Baltimore & Ohio Railroad

Plaintiff sued defendant railroad company, alleging wilful and wanton acts of negligence. Plaintiff appeals the decision of the trial court granting defendant’s motion to dismiss pursuant to section 2—615 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1987, ch. 110, par. 2—615). The issue in this case is whether the complaint sufficiently states a cause of action against the defendant so as to survive a motion to dismiss under section 2—615 of the Code. We hold it does, and we reverse.

On March 14, 1986, plaintiff Allen Eaton filed a complaint alleging negligence against the defendant,…