Scheffki v. C., M., ST. P. & P. RR. CO.

Mr. PRESIDING JUSTICE LEIGHTON

delivered the opinion of the court:

This appeal is from an order which set aside a release and from an $85,000 judgment entered against the defendant. Two issues are presented. 1. Whether the evidence supports the order. 2. Whether the jury was properly instructed concerning the law regarding trespassers. A summary of the facts is necessary for an understanding of the issues.

On AprH 23, 1954, plaintiff, Donald Scheffki, then twelve years of age, and another boy, climbed the elevated embankment of defendant’s railroad tracks at Bloomingdale and Marshfield Avenues…