Schmalfeld v. Peoria & Eastern Railway Co.

This is an action on the case by Christian Schmalfeld against the Peoria & Eastern Railway Company, to recover damages for a personal injury, alleged to have been caused by the negligence of the Cleveland, Cincinnati, Chicago & St. Louis Railway, lessee of the defendant. Upon a trial by jury in the Circuit Court of McLean county there was a verdict and judgment against the defendant for $410, to reverse which appellant prosecutes this appeal.

The declaration contains four counts. The first and second counts allege a negligent operation of the engines and train of cars of lessee whereby…