Cummins v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Appellee brought this action for personal injuries received by him, caused by his being struck by a moving train of cars on appellant’s track at Harrisburg, Illinois, on February 15, 1907. The two counts of the declaration, which were substantially the same, charged that at the time named appellant was in the ■habit of coaling its engines at O’G-ara Coal Mine No. 3, located within fifty feet of its line of railway; that in the process of loading the engines, large quantities of coal would fall from the tender upon the ground near the coal chute along and near to the railroad, tending to…