delivered the opinion of the court.
Medcalf v. Chicago & Western Indiana Railroad, 211 Ill. App. 215 (1918)
May 13, 1918
·
Illinois Appellate Court
·
Gen. No. 23,754
211 Ill. App. 215
Annie Lee Medcalf, Appellee, v. Chicago & Western Indiana Railroad Company, Appellant.
Gen. No. 23,754.
(Not to be reported in full.)
Appeal from the Circuit Court of Cook county; the Hon. Oscar M. Tokrison, Judge, presiding. Heard in this court at the October term, 1917. Certiorari denied by Supreme Court (making opinion final).
Reversed with finding of fact.
Opinion filed May 13, 1918.
*216Abstract of the Decision.
1. Railroads, § 516 * — what duty owed to licensee walking along tracks. A railroad company owes no greater duty to a licensee walking along its tracks than not to wantonly or wilfully injure her and to use reasonable care to avoid injuring her after discovering her in peril.
2. Railroads, § 516* — what is extent of duty arising from license to use tracks. A license to use the tracks of a railroad company imposes no obligation to take precautions for the licensee’s safety or to run trains in any respect different than they would be run if she were not there.
Statement of the Case.
Action by Annie Lee Medcalf, plaintiff, against Chicago & Western Indiana Railroad Company, Chesapeake & Ohio Railway Company and the Belt Railway Company of Chicago, defendants, to recover for personal injuries due to being struck by a train of the Chesapeake & Ohio Railway Company running on the tracks of defendant Chicago & Western Indiana Bail-road Company while she was walking upon the right of way to deliver a midnight lunch to the towerman of defendants. The Chesapeake & Ohio Bailway Company and the Belt Bailway Company of Chicago were dismissed out of the case at the trial. From a judgment against it for $15,000, defendant Chicago & Western Indiana Bailroad Company appeals.
Worth E. Caylor, for appellant.
Iles, O’Connor, Eberhardt & Kesler and Morton J. Stevenson, for appellee; Morton J. Stevenson and Edward C. Kesler, of counsel.