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GILLIES, BY NEXT FRIEND v. N.Y.C.R.R. CO.

No. 18,473.

124 Ind. App. 382 (1954)

116 N.E.2d 555

GILLIES, BY NEXT FRIEND, ETC. v. NEW YORK CENTRAL RAILROAD COMPANY.

Court of Appeals of Indiana.

Rehearing denied February 5, 1954.

Transfer denied April 1, 1954.

Attorney(s) appearing for the Case

Kizer & Neu and Tom R. Huff, of Plymouth, for appellant.

Church & Chester, of Elkhart, and Farabaugh, Chapleau & Roper, of South Bend, for appellee.

ACHOR, J.

This action was brought to recover damages for personal injuries sustained by the appellant, Kenneth Gillies, as a result of a collision between appellant's automobile and a train of the appellee at a railroad crossing of appellee's tracks and Indiana State Highway No. 23, near the town of Walkerton, in St. Joseph County, Indiana.

The issues were formed by a second amended complaint of the appellant...

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