Opinion of the Court by
Affirming.
J. F. Sullenger was struck and killed by an Illinois Central train. In this action for damages for Ms death his administrator recovered a verdict and judgment for $1,500 against the company. The company appeals.
The only ground urged for a reversal is the refusal of the trial court to give a peremptory in favor of the company. This contention is based on the assumption that the decedent was guilty of contributory negligence as a matter of law. For a proper consideration of the question a brief review of the evidence will be necessary.
It appears that decedent was killed while attempting to cross the tracks of defendant in the town of Arlington. Arlington is an incorporated town of about 800 inhabitants. The tracks of the company run north and south through the town. The streets of the town run east and west and across the railroad. Milburn Street is in the southern portion of the town. This street is much travelled, and is used by a large number of persons in going from one side of town to the other. The company has two tracks through the town. In crossing Milburn Street south-bound trains run on the west track, while north-bound trains run on the east track. The tracks are perfectly straight, and persons approaching the track from the west have an unobstructed view for a considerable distance. The decedent, who had been a resident of Arlington for several years, was engaged in business on the east side of the track and resided on the west side. In going to and from his residence and place of business he was in the habit of crossing the railroad at Milburn Street. This had been his custom for more than a year prior to Ms death, which occurred on October 31, 1912. On that evening he was standing between the two tracks and near the east rail of the west track. While some of the witnesses stated that proper signals for the crossing were given, a number of witnesses stated that no
Judgment affirmed.