Chicago & Alton Railroad v. Pondrom

It appears that appellee was a passenger on appellants’ road on the afternoon of the 17th of September, 1867, from Bloomington to Chicago. He had purchased a ticket for a first class car, and left Bloomington at noon and arrived at Chicago at 9 o’clock of the evening of the same day. On approaching Twelfth street, it appears that the train stopped as usual, and appellee swears he saw a long freight train on the right hand side of the car in which he was sitting. He seems to have been by a window on that side. He seems to have remained in his seat and had his arm resting on the window sill,…