Smiley v. East St. Louis & Suburban Railway Co.

Mr. Presiding Justice Higbee

delivered the opinion of the court.

Appellee brought this suit to recover damages for the benefit of the next of kin of his intestate, John C. Louden, who was killed by one of appellant’s cars at the intersection of Horner and Second streets in Lebanon, Illinois.

There were three counts in the declaration, the first of which charged that appellant so negligently and carelessly operated, controlled, managed and ran one of its cars across Second street, in said city, that it was driven against an automobile in which Louden was passing along and he was thereby thrown…