Wendel v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Smith, J.:

These two appeals arise out of petitions and cross petitions filed to recover damages alleged to have been sustained by various parties when a rail motorcar, which some of the parties refer to as an electric handcar, being operated on the tracks of the Chicago, Rock Island and Pacific Railway Company, collided with an automobile being operated on the public highway at a point where the railway tracks cross the highway. The appeals are from orders sustaining motions for judgment on the pleadings.

For the sake of clarity it will be stated that…