Chicago & North Western Railroad v. Swett

This was an action on the case brought in the Circuit Court of Whiteside county by Leonard Swett, administrator of John J. Fenlon, against the Chicago and ¡North Western Railroad company.

There was a demurrer to the declaration which was overruled, and, the defendants abiding thereby, a jury was called to assess the damages, and they were assessed at $3,400..

To reverse this judgment, the defendants bring the case here by appeal, and mate the points, first, that the declaration is defective, and the demurrer should have been sustained; and, second, that the court gave improper instructions to…