Opinion
Gen. No. 43,747. (Abstract of Decision.)
Opinion filed June 25, 1947 Released for publication July 18, 1947
RAILROADS, § 439 — crossing accident, instruction incorporating charge that locomotive was driven at dangerous speed as error. In action for injuries sustained by minor-pedestrian at railroad crossing in village while watching northbound freight train when struck by southbound train consisting of locomotive and caboose, giving plaintiff's instruction incorporating charge in complaint that locomotive was driven at dangerous rate of speed constituted reversible error where speed of train was not proximate cause of accident, especially where plaintiff relied on testimony of locomotive fireman, which was not clear, to establish negligence in failing to maintain proper lookout and to keep locomotive under proper control.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. STANLEY H. KLAPKOWSKI, Judge, presiding.
Reversed and remanded for new trial. Heard in the third division, first district, this court at the June term, 1946.
Drennan J. Slater and James B. O'Shaughnessy, for appellant;
Joseph Barbera and Arthur Rosenblum, for appellee.
Not to be published in full. Opinion filed June 25, 1947; released for publication July 18, 1947.