Cohen v. Chicago & Western Indiana Railroad

Mr. Presiding Justice Barnes

delivered the opinion of the court.

This is a personal injury suit in which the court overruled defendant’s general and special demurrers to the declaration. Defendant stood by the' same, and it was agreed that the court might enter a finding in favor of the plaintiff in the sum of $3,000. The only question to be decided is whether the court properly overruled said demurrers and entered judgment on the finding.

The declaration alleges in substance that defendant operated a railroad over and across West 64th street between Lowe and Parnell avenues, Chicago; that on…