Opinion
Gen. No. 9,930. (Abstract of Decision.)
Opinion filed December 28, 1943 Rehearing denied January 31, 1944
AUTOMOBILES AND MOTOR VEHICLES, § 227 — when defendants in railroad-crossing death-case are not entitled to directed verdict or judgment notwithstanding verdict. In action for death of 21 year old milk truck driver, traveling at low rate of speed, who was fatally injured when his truck was struck, at dangerous city-street crossing at near-dawn of March morning when ground was lightly covered with frozen sleet, by defendants' passenger train which jury was justified in finding was running at speed of 45 to 50 miles per hour, held that under evidence, it was proper for trial court to deny defendants motions for directed verdict and for judgment notwithstanding verdict for plaintiff.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Rock Island county; the Hon. A.J. SCHEINEMAN, Judge, presiding.
Judgment affirmed. Heard in this court at the October term, 1943.
Stafford Schoede and Edward C. Schoede, for appellants;
Milton V. Thompson, of counsel;
Huber Reidy, Peter R. Ingelson and Edward J. Turnbaugh, for appellee;
Isador I. Katz, of counsel.
Not to be published in full. Opinion filed December 28, 1943; rehearing denied January 31, 1944.