Gordon v. Illinois Cent. R. Co.

Dissenting Opinion.

Smith, C. J.,

delivered a dissenting opinion.

The court below should not have excluded the appellant’s evidence for it discloses a prima facie case of negligence on the part of the appellee.

The street on which this accident occurred is more than fifty feet wide between and excluding the sidewalks. It is paved in the center for a width of fifty feet, with an unpaved space on each side thereof extending to the sidewalks. There is no paving across the railroad right-of-way, but the right-of-way for the full width of the street, the neutral ground and sidewalks are filled with…