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

No. 10807.

207 F.2d 5 (1953)

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

United States Court of Appeals Seventh Circuit.

September 15, 1953.


Attorney(s) appearing for the Case

Lowell Hastings, Drennan J. Slater, Robert W. Russell, Chicago, Ill., for appellant.

Errett O. Graham, John A. McElligott, Bruneau E. Heirich, Wm. C. Wines, Chicago, Ill., for appellee.

Before DUFFY, FINNEGAN and LINDLEY, Circuit Judges.


DUFFY, Circuit Judge.

This is an appeal from a judgment in favor of the plaintiff, in an action brought under the Illinois death by wrongful act statute. The case was tried to a jury which brought in a verdict for plaintiff, and in answer to an interrogatory, found that plaintiff's intestate, John D. Barrett, was in the exercise of ordinary care for his own safety. Defendant's motions for judgment notwithstanding the verdict and, in the alternative, for a new trial...

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