Illinois Central Railroad v. Cullen

SAMUEL, Judge.

Plaintiff filed this suit for $9,113.80, allegedly the amount of damages occasioned to its rolling equipment and tracks when a plaintiff train was derailed as a result of a switch having been opened by a 14 year old boy who was accompanied by his 11 year old brother. The answer of the two defendants, the father of the two boys and his insurer, denied liability and pleaded contributory negligence.

After trial there was judgment in favor of plaintiff in the amount of $5,103.17. The defendants have appealed. In this court they contend plaintiff cannot recover because it was guilty…