Hemphill v. Wabash R. Co

LINDLEY, Circuit Judge.

This action was brought by the Executor of the Estate of Joseph Bostick Liston, Deceased, to recover damages for the death of the decedent which was alleged to have been caused by the negligence of defendant in running its train across a grade crossing, in the Village of Raymond, Illinois, in violation of an ordinance of that village limiting the speed of trains within its corporate limits to ten miles per hour. On defendant’s motion to dismiss, on the theory that the ordinance was invalid, the District Court entered judgment for defendant. The sole question presented…