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PROBERT v. CHICAGO, I. & L. RY. CO.

No. 6290.

93 F.2d 259 (1937)

PROBERT v. CHICAGO, I. & L. RY. CO.

Circuit Court of Appeals, Seventh Circuit.

December 11, 1937.

Attorney(s) appearing for the Case

Clyde L. Day, Howard W. Hayes, and Raymond B. Morris, all of Chicago, Ill., for appellant.

John D. Black, George B. Christensen, and Douglas C. Moir, all of Chicago, Ill., for appellee.

Before EVANS, Circuit Judge, and LINDLEY and BALTZELL, District Judges.

BALTZELL, District Judge.

This is an action wherein appellant sought to recover damages from appellee for injuries which are alleged to have been sustained because of certain acts of negligence on the part of appellee in the operation of one of its trains. The declaration is in three counts. The act of negligence charged in the first count is that appellee failed to warn appellant that its engine, with freight cars attached, was obstructing the public highway upon...

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