Carlin v. Grand Trunk Western Railway Co.

Appellee as administratrix of the estate of Hanz P. Schmidt, deceased, brought an action against appellant in the Circuit Court, to recover damages for the wrongful killing of her intestate by a passenger train of defendant as he was attempting to cross defendant’s railroad at a street crossing in the city of Chicago.

The first count of the original declaration alleges negligence generally in the operation of the train, and the second, negligence in failing to lower the street crossing gates. The seventh count of the amended declaration alleges that many people were accustomed to pass over…