Casper v. Illinois Central Railroad

Mr. Presiding Justice Puterbaugh

delivered the opinion of the court.

This is an action on the case for the recovery of damages resulting from the death of the plaintiff’s intestate, alleged to have been occasioned by the negligence of the defendant. A trial by jury resulted in a judgment against the defendant for the sum of $2,500, to reverse which this appeal is prosecuted.'

The declaration contains four counts, in each of which it is averred that while Marion Gasper, on October 6,1906, was, with due care, driving a wagon drawn by mules across the railroad track at Randolph street in the city…