Chicago, Burlington & Quincy Railroad v. Payne

This was an action brought by appellee, as administrator of Albert T. Payne, to recover compensation, under the act of 1853, for the alleged killing of Payne by the negligence of the employees of appellants. It appears, from the evidence, that deceased was driving in a covered buggy upon the highway, and at the place where the road intersected with the railway of appellants, and camein contact with a passing train, and,was instantly killed.

It is averred in the various counts of the declaration, that-the railway company kept no warning board at the crossing ; that no bell was rung or whistle…