Chicago & Alton Railroad v. Kerr

Appellee brought this action against appellant in the circuit court of McLean county, to recover damages for a personal injury. The case made by his declaration is, that the defendant, in attempting to repair its track at a place described, so negligently and unskillfully performed the work as to leave the same rough, uneven, and unsafe to its servants running trains thereon, and after it knew, or by proper diligence might have known, the fact, permitted it to so remain for the space of ten hours-, failing and neglecting to notify the plaintiff thereof; that he, being a fireman on one of its…