MOHR v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY

No. 11597.

232 F.2d 869 (1956)

Robert MOHR, a Minor, by Chalmer Mohr, His Father, etc., Plaintiff-Appellee, v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

May 3, 1956.


Attorney(s) appearing for the Case

J. Lewis Bond, Peoria, Ill., Kavanagh, McLaughlin & Bond, Peoria, Ill., of counsel, for appellant.

John F. Sloan, Jr., John E. Cassidy, Sr., John E. Cassidy, Jr., Peoria, Ill., for appellee.

Before MAJOR, LINDLEY and SWAIM, Circuit Judges.


SWAIM, Circuit Judge.

The plaintiff was riding in the cab of a closed truck driven by his father when it was struck by a freight train. He sued the railroad company for the personal injuries which resulted. The negligence claimed was that the defendant railroad company failed to give plaintiff and his father adequate warning that a train was approaching the crossing, and that the train was being operated at an unreasonably...

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