Schultz v. Chicago & Alton Railroad

Charles L. Schultz, the appellee, 50 years old, in the employ of Timroth Teaming Company, a truck driver, in September, 1916, drove a heavy truck onto the tracks of the appellant railroad company at a street crossing in the City of Joliet, where he came in collision with an engine and was severely injured. He brought this action on the case, charging in his declaration of three counts; (1) improper running and operation of the engine; (2) carelessly running the engine across the highway with crossing gates open; and (3) carelessly leaving the crossing gates open, leading Tiim to believe that…