Bischof v. Illinois Southern Railway Co.

Appellant brought this action on the case in the circuit court of Randolph county as administrator of the estate of his son, Herman Otto Bischof, a child six years old, who went upon the track of appellee, not at a public crossing, and was killed, alleging as ground of liability for the damages occasioned by the death of the child a failure to comply with the statute which requires railroad corporations to fence their tracks. The circuit court sustained a demurrer to the declaration and entered judgment in favor of appellee. The Appellate Court for the Fourth District affirmed the judgment.

The…