TUCKER v. NEW YORK, CHICAGO & ST. LOUIS R. CO.

Gen. No. 10,083.

12 Ill. App.2d 545 (1957)

140 N.E.2d 370

Mervin Tucker, a minor, by his father and next friend, Lee Tucker, Plaintiff-Appellee, v. New York, Chicago and St. Louis Railroad Company, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied March 4, 1957.

Released for publication March 4, 1957.


Attorney(s) appearing for the Case

Baker and Baker, of Shelbyville, Pope and Driemeyer, of East St. Louis, for appellant; John J. Baker, of Shelbyville, and Frank M. Rain, of East St. Louis, of counsel.

William L. Turner, of Shelbyville, and Earl S. Hodges, of Springfield, for appellee.


JUDGE CARROLL delivered the opinion of the court.

This is an action to recover damages for personal injuries sustained by plaintiff when the truck which he was driving was struck by defendant's freight train at a grade crossing. A verdict for $12,250 for plaintiff was returned by the jury. The court denied defendant's motion for judgment notwithstanding the verdict and in the alternative for a new trial and entered judgment on the verdict.

On this appeal defendant...

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