Chicago & North Western Railway Co. v. Rielly

Thomas Rielly, a passenger on one of the trains of appellant, was killed in an accident, in which the train upon which he was riding collided with other cars belonging to appellant.

Thomas Rielly, at the time of the accident, was riding either upon one of the steps of the car next and close to the engine, which was a passenger car, or upon a coping or footboard that was upon the rear end of the tender of the engine. The preponderance of the evidence is, that at the time of the collision, he was riding upon the coping or footboard attached to the rear end of the tender, although at that…