Chicago, R. I. & P. Ry. Co. v. Cleveland

For appellant it is claimed that appellee assumed the risk of danger from the proximity of the flag shanty to appellant’s railway tracks, and therefore that there could be no recovery, and numerous cases from courts of other States are cited in support of the contention. We deem it unnecessary to discuss the decisions outside of Illinois inasmuch as the adjudications of the Supreme Court of this State, as we view them, are sufficiently applicable to the facts of this case to control its decision.

It. appears from the evidence that appellee was at the time of the trial forty-one years of age,…