Opinion
Gen. No. 41,020. (Abstract of Decision.)
Opinion filed May 13, 1941 Rehearing denied June 2, 1941
AUTOMOBILES AND MOTOR VEHICLES, § 210.1 — railroad crossing collision, contributory negligence. In action for wrongful death of motorist struck by train at crossing, evidence showed that deceased was contributorily negligent, where the crossing permitted an unobstructed view, there were crossbar warning signals, there was positive evidence that bells and whistles were sounded, as against some negative evidence on this question submitted by plaintiff, and other motorists saw and heard the train and did not attempt to cross the tracks in question.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. PAUL A. JONES, presiding.
Reversed. Heard in second division, first district, this court at December term, 1939.
Rawlins Wright, H.D. Sheean and E.W. Lademann, for appellant;
Fay Warren Johnson, of counsel;
Ashcraft Ashcraft, for appellee;
Russell F. Locke and Charles H.G. Kimball, of counsel.
"Not to be published in full." Opinion filed May 13, 1941; rehearing denied June 2, 1941