Franks v. Baltimore & Ohio Southwestern Railroad

Mr. Presiding Justice Eldredge

delivered the opinion of the court.

Appellee recovered a judgment in an action on the case against appellant in the court below for $700.

The declaration consists of two counts, in the first of which it is charged that the plaintiff, a boy about four years old, was riding in a truck being driven by his father and, while in the exercise of due care, the defendant so negligently operated its engine and train of cars that it struck and injured the plaintiff. In the second count it is charged that on account of the close proximity of buildings to the tracks and of a…