Opinion
Gen. No. 43,587. (Abstract of Decision.)
Opinion filed November 20, 1946 Rehearing denied December 4, 1946 Released for publication December 5, 1946
RAILROADS, § 310 — verdict for contractor's foreman struck by freight train as not against manifest weight of evidence. Verdict in favor of foreman of contractor installing drainage system under defendant's tracks in Ohio, who was struck by freight train while crossing tracks in performance of his work, was supported by and not against manifest weight of evidence, where there was evidence that defendant assumed duty to warn and protect contractor's workmen and provided flagmen therefor, that speed of train was in violation of defendant's rules and customs, and no bell, whistle or other warning signal was given, and that foreman crossed tracks in reliance upon observation of about 500 feet and upon defendant's flagman who made no attempt to protect him.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN F. HAAS, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the December term, 1945;
Rawlins Wright and E.W. Lademann, for appellant;
Fay Warren Johnson, of counsel;
William H. DePareq and Samuel Cohen, for appellee;
R.J. McDonald and Donald T. Barbeau, of counsel.
Not to be published in full. Opinion filed November 20, 1946; rehearing denied December 4, 1946; released for publication December 5, 1946.