Saba Ex Rel. Saba v. Illinois Central Railroad

* NOTE: Opinion filed at September Term, 1934, April 17, 1935; motion for rehearing filed; motion overruled at May Term, July 9, 1935. This is an action for personal injuries, sustained when plaintiff was run over by a train on defendant's railroad in the State of Illinois. Plaintiff obtained a verdict for $15,000, and from the judgment entered thereon defendant has appealed.

Plaintiff, in this petition, alleged a long public user as a foot-path of the portion of defendant's track, where he was walking when injured. He charged primary negligence against defendant for failure to ring the bell,…