Illinois Central Railroad v. Simmons

This was an action on the case for negligence brought in the Superior Court of Chicago by the appellee against the appellant for so carelessly and negligently using a train of cars on their railroad, and on which the plaintiff was passenger, as to injure him seriously. The jury found a verdict for appellee for five thousand dollars, for which the court rendered judgment. The case is brought here by appeal and these points are made by appellant: First, upon the sufficiency of the declaration, it containing no averment that the appellee was without fault, or that he exercised proper care to…