De Bow v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Mr. Presiding Justice Barry

delivered1 the opinion of the court.

• Appellee sued to recover for the loss of his automobile alleged to have been caused by the negligence of appellant in a gráde crossing collision on 18th street in Granite City. The declaration charged general negligence in the operation of the train, the violation of a city ordinance which limited the speed of trains to ten miles per hour, and a failure to ring a bell or sound a whistle as required by statute. The general issue was pleaded and appellee recovered a verdict and judgment for $1,300.

It is urged, as a ground for…