Wabash Railroad v. Billings

The Appellate Court for the Third District affirmed a judgment recovered by appellee in the circuit court of Sangamon county against the appellant in an action on the case for personal injuries, and this appeal was prosecuted from the judgment of the Appellate Court.

At the trial the defendant presented a motion in writing that the court should exclude the evidence and direct a verdict of not guilty, assigning different grounds for the motion, among which was the following:

“Second—It is alleged in the declaration that plaintiff’s buggy in which he was riding across defendant’s track was struck…