Dretzka v. Chicago & North Western Railway Co.

The principal question raised here is whether or not the defendant failed in the performance of any duty which it owed Dretzka. In submitting the question of negligence to the jury, after defining negligence, the trial court further instructed the jury:

“You are instructed that the employees of the railway company in charge of the locomotive are required to exercise ordinary care to keep a proper lookout as to the track and intersecting streets and highways to avoid collision with persons or vehicles, and to observe the streets and highways adjacent to the tracks sufficiently to enable them to…