Overtoom v. Chicago & Eastern Illinois Railroad

The appellant brought her action against appellee, in the superior court of Cook county, to recover damages for the alleged wrongful killing of her intestate, Adrian Overtoom. There was a verdict and a judgment for the defendant, which judgment has been affirmed by the Appellate Court. The errors alleged by appellant on this her further appeal relate to the admission and exclusion of evidence and to the giving and refusing of instructions.

The evidence disclosed that a few minutes before eight o’clock, about dusk, on the evening of April 20, 1895, Overtoom, while passing over the public…