Chicago & Alton Railroad v. Garvy

This was an action on the case, under the statute, for a wrongful killing.

As is usual, in such cases, the evidence was contradictory.

The party was killed on a dark night, at the crossing of a public street, in the city of Bloomington. The company had several tracks crossing the street.

On the night of the accident, two trains were passing,—one going north and one south.

The deceased and two companions started to cross the street, and were hindered by the northern bound train. They- stopped to let it pass. Immediately after its passage, they stepped on the track, and all three were knocked down…