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HIGGINS v. BALTIMORE & OHIO R. CO.

Term No. 57-O-8.

16 Ill. App.2d 227 (1958)

147 N.E.2d 714

John Higgins, Administrator, Plaintiff-Appellee, v. Baltimore & Ohio Railroad Company, et al., Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Released for publication February 28, 1958.

Attorney(s) appearing for the Case

Kramer, Campbell, Costello & Wiechert, of East St. Louis (Edwin H. Burgess, and Kenneth H. Ekin, of counsel) for defendant-appellant.

William P. Fleming, and Goldenhersh & Goldenhersh, of East St. Louis, for plaintiff-appellee.

JUDGE SCHEINEMAN delivered the opinion of the court.

Vernon Gale Higgins was killed when struck by a passenger train operated by the defendant, B. & O. Railroad Company. Plaintiff has obtained a verdict and judgment as administrator, against that defendant. The C.B. & Q. Railroad Company was also a defendant, but was found not guilty and is not involved on this appeal. It is here contended that a directed verdict should have been entered for the defendant...

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