Chicago & Alton Railroad v. Matthews

Opinion of the Court.

This case was heard at a former term, 39 Ill. App. 541. It is unnecessary to restate the facts as they are substantially the same as before.

The plaintiff recovered, and the most important question is whether the evidence supports the verdict.

The rules of the company require the Brakeman to be on top of the train when approaching a station so as to keep the train under control, and they also forbid brakemen from being on the top of unusually high cars when approaching bridges or viaducts.

The court, at the instance of the defendant (instruction 14), advised the jury that…