Chicago, Burlington & Quincy Railroad v. Young

Separate opinion by Laoet, J„

I concur in the reversal of the judgment in this case, but not alone on the grounds stated in the opinion.

I am satisfied, from the facts as they appear in the record, there should he no recovery, for reasons to be stated hereafter. The points in the issue are stated in the opinion. 1st. Was the appellant guilty of the negligence charged in the declaration? 2d. Was the appellee guilty of such contributory negligence as to preclude a recovery? I will consider the latter issue first. The appellee charges in his declaration that he was, at the time of the injury, in…