Pennsylvania Co. v. Boylan

This was an action brought in the circuit court of Cook county, July 19, 1881, for damages consequent upon being struck by a piece of plank caught from the covering of a culvert at Forty-seventh street crossing, in Chicago, by a passing locomotive of the defendant railroad company, on Sunday morning, July 20, 1879, whilst plaintiff was standing near the tracks of the railroad. The plaintiff recovered. On appeal to the Appellate Court for the First District the judgment was affirmed, and defendant appealed to this court.

The declaration contains two counts, the first averring that defendant…