Chicago, Burlington & Quincy Railroad v. Lee

Since this case was previously before this court, the plaintiifLs declaration has been amended, and additional proofs introduced on the last trial.

The evidence shows that about the 10th of November, 1869, a collision occurred between an engine of appellant and the team and wagon of Darius B. Lee, whilst being driven by him on a highway crossing appellant’s railroad. Lee was killed by the collision, and his administratrix sues to recover for loss, under the provisions of the statute. On a trial in the court below, as on each of the previous trials, plaintiff recovered a verdict, and the court,…