Waterbury v. Chicago, Milwaukee & St. Paul Railway Co.

Appellee brought suit and recovered judgment against appellants for injuries sustained in a fall while crossing Foster avenue at its intersection with appellants’ tracks, in the City of Evanston.

Foster avenue runs east and west, and is crossed at grade by defendants’ three tracks, running in a northerly and southerly direction, about midway he-tween Sherman and Maple streets. It has a forty-foot roadway paved with macadam, except where it crosses defendants’ right of way, at which place it is planked for a width of about thirty feet across the entire right of way, leaving an open space of…