Westbrook v. Chicago & Northwestern Railway Co.

This is an appeal from a judgment against appellee in the sum of $3,500 in an action on the case for the death of John W. Westbrook, alleged to have been caused by the negligence of appellant.

The declaration consists of four counts. The first count is a general negligence count. The second count charges that Westbrook was an employee of the Emerson-Brantingham Company; that the employees of such company had been in the habit for years of using the track of the defendant railroad company in walking to and from their work; and that defendant carelessly and negligently ran into and injured said…