Illinois Central Railroad v. Eicher

Ben Eicher, husband of appellee, was struck by the pilot-beam of an engine of appellant while walking on its right of way between the railroad tracks in the city of Carbondale on July 23, 1901, and was killed. Appellee was appointed administratrix of his estate and brought this suit to recover damages resulting from his death.

There were two counts in the declaration, in each of which it was averred that there was a cinder path between the double tracks of defendant’s railroad, used by its employees and other persons as a walk, and that deceased was walking along said cinder path in the…