Opinion
Gen. No. 9,452. (Abstract of Decision.)
Original opinion filed November 8, 1939. Modified opinion filed and rehearing denied January 22, 1940.
AUTOMOBILES AND MOTOR VEHICLES, § 210.1 — motorist struck by train, contributory negligence. In action for wrongful death of plaintiff's decedent, who was struck by a train as he drove his truck across a crossing, judgment for plaintiff was against the manifest weight of the evidence, where photographs of the crossing showed that it was clear and unobstructed, so that if the decedent had looked, he would have seen the train.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from City Court of City of East St. Louis; Hon. WILLIAM F. BORDERS, presiding. Reversed and remanded. Heard in this court at May term, 1939; original opinion filed November 8, 1939; Modified opinion filed and rehearing denied January 22, 1940.
Kramer, Campbell, Costello Wiechert, for appellant; E. C. Craig, V. W. Foster and Charles A. Helsell, of counsel; A.D. Morgan and Baker, Lesemann, Kagy Wagner, for appellee.
"Not to be published in full."