Summary
In Goodrich v. Sprague, 314 Ill. App. 671, the plaintiff administrator obtained a verdict against the defendant railroad for wrongful death.
Summary of this case from Ashton v. SweeneyOpinion
Gen. No. 41,917. (Abstract of Decision.)
Opinion filed May 27, 1942
RAILROADS, § 322 — liability for dangerous condition of crossing. Where a railroad in violation of a statute permitted trees and underbrush to remain on right-of-way which obscured vision of persona and trains at a crossing, and a minor child unwittingly placed herself in a position of danger in order to determine whether a train was coming and got too close to the track and was struck and killed by a train, in an action for wrongful death, wherein plaintiff administrator had a verdict, there was such a preponderance of evidence for plaintiff's case that the trial court was not justified in granting defendant a new trial (Ill. Rev. Stat. 1941, ch. 111 1/2, par. 62; Jones Ill. Stats. Ann. 112.083).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. WILLIAM J. WIMBISCUS, presiding.
Order granting new trial reversed and cause remanded with directions that the court set aside the order granting new trial and for further proceedings in due course. Heard in third division, first district, this court.
Topliff, Horween Merrick, for appellant;
Samuel Topliff, Ralph Horween, Hubert C. Merrick and Neal J. Huff, of counsel;
Gardner, Morrow, Fowler Merrick, for appellee;
Walter M. Fowler, of counsel.
REHEARING OPINION.
"Not to be published in full." Opinion filed May 27, 1942.