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BOCOCK v. WABASH R. CO.

No. 9545.

171 F.2d 834 (1949)

BOCOCK v. WABASH R. CO.

United States Court of Appeals Seventh Circuit.

January 11, 1949.

Attorney(s) appearing for the Case

Henry I. Green and Enos L. Phillips, both of Urbana, Ill., James H. Wheat, of Champaign, Ill., and J. A. McClain, Jr., of St. Louis, Mo., for appellant.

Louis A. Lowenstein and Albert Saikley, both of Danville, Ill., for appellee.

Before MAJOR, Chief Judge, and MINTON and SPARKS, Circuit Judges.

SPARKS, Circuit Judge.

This is an appeal from a judgment for the plaintiff in a suit to recover for injuries received in a collision between an automobile and a freight train. The complaint was in four counts. The first alleged general negligence in the operation of the train and also averred negligence in the construction of the crossing in that the railroad had "elevated its right of way at the crossing * * * so as to require automobile traffic to ascend a steep...

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