#### John D. Casey, Administrator, Appellee, v. Chicago Railways Company, Appellant.

Gen. No. 19,987.

(Not to be reported in full.)

Abstract of the Decision.

Steeet bailboads, § 132 * -—what are questions for fury in action for injuries. In an action for the death of an eight-year-old boy, the question whether, if the motorman of defendant’s street car had been operating his car with reasonable care and caution, he would have seen the decedent, on or so near the track as to be in danger of being struck by the car, in time to stop the car and avoid injuring him, and the questions whether the decedent was in the exercise of ordinary care, and whether the decedent’s parents exercised care for his safety, were questions of fact upon which the verdict of the jury was conclusive.

Appeal from the Circuit Court of Cook county; the Hon. Jorra P. McGoobty, Judge, presiding. Heard in this court at the October term, 1913.

Affirmed.

Opinion filed December 21, 1914.

Statement of the, Case.

Action by John D. Casey as administrator of Solomon Morris against the Chicago Railways Company for wrongfully causing the death of plaintiff’s intestate, a boy eight years and eleven months of age. From a judgment for the plaintiff, defendant appeals.

Charles L. Mahony and Frank L. Kriete, for appellant; W. W. Gurley and John R. Guilliams, of counsel.

Cruice & Langille, for appellee; Daniel L. Cruice, of counsel.

*

See Illinois Notes Digest, Vols. XI- to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Baker

delivered the opinion of the court.