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TUCKER v. N.Y., C. & ST. L.R.R. CO.

No. 34438.

12 Ill.2d 532 (1957)

147 N.E.2d 376

MERVIN TUCKER, Appellant, v. NEW YORK, CHICAGO AND ST. LOUIS RAILROAD COMPANY, Appellee.

Supreme Court of Illinois.

Rehearing denied January 20, 1958.

Attorney(s) appearing for the Case

WILLIAM L. TURNER, of Shelbyville, and EARL S. HODGES, of Springfield, (DUANE L. TRAYNOR, of counsel,) for appellant.

BAKER and BAKER, of Shelbyville, and POPE and DRIEMEYER, of East St. Louis, (JOHN J. BAKER, and FRANK M. RAIN, of counsel,) for appellee.

Judgment affirmed.

Mr. CHIEF JUSTICE DAVIS delivered the opinion of the court:

This is an action for personal injuries sustained by plaintiff when the truck he was driving collided with defendant's freight train at a grade crossing. The jury returned a verdict for plaintiff in the sum of $12,250 and the trial court entered judgment thereon. The Appellate Court reversed this judgment on the ground that the trial court should have allowed defendant's motion...

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