McClintick v. Toledo, Peoria & Western Railway Co.

On September 8, 1908, appellee, then nearly sixteen and one-half years of age, was standing upon or crossing one of the main tracks of appellant in the city of Peoria, when he was struck by an engine running backwards and his left leg was crushed so that it became necessary to amputate it four and one-half inches below the knee. He brought this suit to recover damages for said injury. A demurrer was sustained to the amended second count of his declaration. The court directed a verdict for defendant as to the first and fourth counts, and, upon the third count, plaintiff had a verdict. The…