Chicago, Peoria & St. Louis Railway Co. v. Lewis

Mr: Justice Shope

delivered the opinion of the Court'

This was an action for personal injury, alleged to have been sustained by appellee by the wrecking of a train on appellant’s road upon which appellee was a passenger. The declaration consisted of two counts; in the first of which the negligence charged consisted of running the train at a high and dangerous rate of speed, whereby the cars were thrown from the track, etc.; and in the second, that appellant negligently suffered and permitted the rails to be insecurely spiked, and the ties upon which the rails rested to become decayed and…