Margaret Talbott v. Chicago and North Western Railway Company, a Corporation

GARDNER, Chief Judge.

This was an action brought by appellant as plaintiff to recover damages for personal injuries sustained by her alleged to have been caused by the negligence of appellee while she was a passenger on appellee’s train. The parties will be referred to as they were designated in the trial court.

In her complaint she alleged that while she was being transported for hire by the defendant, a common carrier, she was struck and injured by a piece of baggage or luggage owned by another passenger which dislodged from the baggage rack above her seat. Plaintiff charged defendant with…