Chicago, Milwaukee & St. Paul Railway Co. v. Yando

Per Curiam :

Action on the case, for personal injury. The declaration contained six counts. The first five charge negligence on the part of the servants of appellant, and due care by appellee. The cause of action set forth in the last count is correctly stated by Justice McAllister in the opinion of the Appellate Court, as follows:

“This was an action by the appellee, against the said railroad company, appellant, to recover damages for a personal injury occasioned May 15, 1885, by reason, as it is alleged, of the gross, willful and culpable negligence of the engine-driver of the defendant, in…