Opinion
Gen. No. 41,079. (Abstract of Decision.)
Opinion filed May 20, 1940
AUTOMOBILES AND MOTOR VEHICLES, § 207.2 — collision with train, sufficiency of evidence. In action for wrongful death of motorist who collided with train backing cars across a crossing, judgment for plaintiff was proper where evidence showed that flagman was kept at crossing in the daytime, but there was none at night when the accident occurred, the street was a through street, there was only one light within 200 feet of the crossing, and there was evidence that other cars may have obscured the view of the crossing.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. RAY D. HENSON, presiding.
Affirmed. Heard in first division, first district, this court at December term, 1939.
Knapp, Allen Cushing, for appellant;
Joseph L. Earlywine, Harlan L. Hackbert and R. Newton Rooks, of counsel;
Krohn MacDonald and Charles J. Mueller, for appellee;
Stuart B. Krohn and Ian P. MacDonald, of counsel.
"Not to be published in full." Opinion filed May 20, 1940.