Peoria, D. & E. Ry. Co. v. Hardwick

This case was here at a former term. (48 Ill. App. 562.) The evidence for the plaintiff in the present record is much the same as before, aside from the testimony of the witness Newcomb, who says that a day or two before the plaintiff was hurt he noticed the foot-board quiver on going over the crossing in question and that on examination he found slivers of plank on the bolts which held the foot-board on the hangers or stirrups. He further says he notified Byers, who was the foreman of the yard, that the crossing was out of order; that the joint was too low.

It is argued in behalf of appellee…