From Casetext: Smarter Legal Research

Fliege v. Gardner

Appellate Court of Illinois
Nov 21, 1947
332 Ill. App. 583 (Ill. App. Ct. 1947)

Opinion

Gen. No. 9,544. (Abstract of Decision.)

Opinion filed November 21, 1947 Released for publication December 17, 1947

RAILROADS, § 438evidence warranting submission of crossing case to jury. In action for death of nine-year-old boy, a pedestrian who, in daytime, was struck by a passenger train at a railroad crossing, where witnesses testified that, although they had stopped their car some one hundred feet from the crossing, they did not hear a whistle or bell sounded, and there was further evidence, in the form of a timetable, making it possible to compute the rate of speed of the train at the time of the accident, held that the trial court erred in directing a verdict for defendant at the conclusion of plaintiff's case, since there was some evidence as to negligence on the part of defendant as to lack of warning and as to the speed of the train, which would warrant the submission of the case to the jury.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Sangamon county; the Hon. JAMES V. BARTLEY, Judge, presiding.

Reversed and remanded. Heard in this court at the October term, 1947.

G.W. Horsley, for appellant;

Henry A. Converse and Miles Gray, for appellee;


Not to be published in full. Opinion filed November 21 1947; released for publication December 17, 1947.


Summaries of

Fliege v. Gardner

Appellate Court of Illinois
Nov 21, 1947
332 Ill. App. 583 (Ill. App. Ct. 1947)
Case details for

Fliege v. Gardner

Case Details

Full title:William E. Fliege, Administrator of Estate of William E. Fliege, Jr.…

Court:Appellate Court of Illinois

Date published: Nov 21, 1947

Citations

332 Ill. App. 583 (Ill. App. Ct. 1947)
76 N.E.2d 230