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WISE v. WISE

Term No. 59-F-6.

22 Ill. App.2d 54 (1959)

159 N.E.2d 500

Martha Wise, Administrator of the Estate of Delila Hayden, Deceased, Plaintiff-Appellant, v. John Wise, Jr. and Alton and Southern Railroad, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Released for publication July 16, 1959.

Attorney(s) appearing for the Case

Nick D. Vasileff, of Madison, and Gilbert Rosch, of Granite City, for plaintiff-appellant.

Green and Hoagland, of Alton (James K. Almeter, of counsel) for John Wise, Jr., defendant-appellee.

PRESIDING JUSTICE SCHEINEMAN delivered the opinion of the court.

The plaintiff brought this suit as administrator, alleging that the defendant-appellee was guilty under the Wrongful Death Act by reason of his acts as driver of an automobile in which the deceased was riding as a guest. A railroad company was also joined as defendant, because the car had collided with a train. The complaint charged the railroad with negligence, and the appellee with wilful and wanton...

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