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GROESCH v. GULF, MOBILE AND OHIO RAILROAD COMPANY

No. 11838.

241 F.2d 698 (1957)

Betty Jane GROESCH, Executrix of the Estate of Thomas Elmer McNelly, deceased, Plaintiff-Appellant, v. GULF, MOBILE AND OHIO RAILROAD COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

March 1, 1957.

Attorney(s) appearing for the Case

G. William Horsley, Robert F. Vespa, Springfield, Ill., for plaintiff-appellant.

Louis F. Gillespie, George B. Gillespie, Gillespie, Burke & Gillespie, Springfield, Ill., for defendant-appellee.

Before MAJOR, FINNEGAN and SCHNACKENBERG, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Thomas Elmer McNelly about 3 P. M. on Christmas Day, 1954, drove his car easterly along Jackson Street in Springfield, Illinois, where that street intersects two railroad tracks of defendant. A southbound train traveling about 15 miles per hour struck the car and, as a result of the collision, McNelly died. An action for damages brought against defendant by McNelly's executrix ended in a directed verdict in favor of defendant at the close...

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