Lake Shore & Michigan Southern Railway Co. v. Parker

This is an action on the case, brought by appellee, against appellant, for negligently causing the death of her husband, John C. Parker. There are two counts in the declaration, both in the usual form, except that the second fails to allege that the deceased left surviving him, next of kin. The negligent act by which death was caused is in both counts charged to be leaving a certain switch open, whereby the engine then driven by deceased was diverted from its track, and caused to collide with another engine on a side-track. A trial in the circuit court of Cook county, the Hon. Frank Baker,…