Stephens v. Illinois Central Railroad

Mr.- Justice Shurtleff

delivered the opinion of the court.

This was an action of trespass on the case originally brought by Charles H. Stephens and William Perry Stephens as executors of the last will and testament of Nancy Stephens, deceased, plaintiffs, against the Illinois Central Railroad Company and the City of Paxton, Illinois, as defendants, claiming damages on account of the death of Nancy Stephens. The Illinois Central Railroad Company was served with summons in the cause but the City of Paxton, the other defendant, was never served with summons, nor did it appear in the case. The ease…