Lake Shore & Michigan Southern Railway Co. v. Probeck

These are cases to recover separate damages for injuries sustained at the same time by the appellees at a railroad crossing of a street in Chicago. In all respects, except the injuries, the cases are alike, and were tried at once by the same jury. The declarations each contained two counts, the first alleging careless and improper management of the train as the cause of the injury, and the second, speed in excess of that allowed by an ordinance of the city.

There was no train of cars; only an engine and tender with nothing attached. There was testimony that the flagman at the crossing was…