SOULE v. CHICAGO & N. W. RY. CO.

No. 9789.

175 F.2d 424 (1949)

SOULE v. CHICAGO & N. W. RY. CO.

United States Court of Appeals Seventh Circuit.

May 26, 1949.


Attorney(s) appearing for the Case

David M. Burrell and R. B. Holtan, Freeport, Ill., Ben A. Stewart, East Moline, Ill., Burrell & Burrell, Freeport, Ill., and Stewart & Lytton, East Moline, Ill., for appellant.

Lowell Hastings, John L. Davidson, Jr., and Drennan J. Slater, Chicago, Ill., Robert J. Ellis, Freeport, Ill., for appellee.

Before MAJOR, Chief Judge, and KERNER and DUFFY, Circuit Judges.


DUFFY, Circuit Judge.

This is an appeal from a judgment wherein the trial court directed a verdict in favor of the defendant. Errors relied upon by plaintiff-appellant (hereinafter called "plaintiff") are (1) failure to admit into evidence the deposition of one Pautz and (2) the action of the trial court in directing a verdict for defendant.

At about 10:30 A.M. on September 8, 1942, a clear warm day, plaintiff was driving in Whiteside County, Illinois, on...

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