#### John Gusten, Appellant, v. Chicago, Rock Island & Pacific Railway Company, Appellee.

Gen. No. 13,882.

In this case the plaintiff, a car cleaner, employed by the defendant company, was injured in the yards of such company. In the course of the opinion, it was, among other things, said:

“Dangerous and undesirable as a railroad yard at the best may be as a place to work in, it cannot be said that it is negligence per se to maintain a track in such a busy yard, in the center of population, where space is valuable, but three feet and a half from the side of the hot house, from which there were methods of egress at the ends as well as through the side doors.”

It was also said in the opinion in this case:

“We do not mean to say that the railroad company had an uncontrolled right to run at any speed or under any conditions by this house. We think it was under the obligation to use reasonable care in the rate of speed,” etc.

Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Theodoee Bbentatto, Judge, presiding.

Heard in this court at the October term, 1907.

Reversed and remanded.

Opinion filed July 6, 1908.

Gilbert & Gilbert and A. N. Waterman, for appellant.

M. L. Bell and B. S. Cable, for appellee.

Mr. Justice Brown

delivered the opinion of the court.