Illinois Central Railroad v. Warriner

On November 3, 1904, Stewart Cornell Warriner, a child aged one year and eight months, was struck by the pilot-beam of defendant’s engine on the crossing of Wilson street, in the village of Peotone, and received injuries from which he died. This suit was brought by his administrator in the circuit court of Kankakee county to recover damages to his next of kin resulting from his death. There was atrial, and the case was submitted to the jury on the second and fifth counts of the declaration, which alleged that there was an ordinance of the village of Peotone prohibiting a greater rate of speed…