GRAY v. BALTIMORE & O. R. CO.

No. 3888.

24 F.2d 671 (1928)

GRAY v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Seventh Circuit.

March 5, 1928.


Attorney(s) appearing for the Case

James G. Burnside, of Vandalia, Ill., for plaintiff in error.

Rudulph J. Kramer, of East St. Louis, Ill., for defendant in error.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


PAGE, Circuit Judge.

Plaintiff in error (plaintiff), a passenger on defendant's train, was injured when the train of eleven cars ran into an open switch 1¼ miles west of the town of Aviston, Ill., at 10:47 on the night of October 3, 1924. About 9:30 that evening a freight train passed through that switch, going west. The switch was properly closed and locked behind the freight train, and had burning upon its standard the usual oil-burning lamp, which showed green...

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