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DAVIS v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.

No. 12729.

273 F.2d 434 (1960)

Harold G. DAVIS, Plaintiff-Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 6, 1960.

Attorney(s) appearing for the Case

Frederick W. Allen, Peoria, Ill., Samuel Wener, Chicago, Ill., for appellant.

Eugene R. Johnson, Peoria, Ill., O. L. Houts, Eaton Adams, Chicago, Ill., Jordan A. Fifield, Miller, Westervelt & Johnson, Peoria, Ill., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

This diversity action was brought by Harold G. Davis, plaintiff-appellant, against the Chicago, Rock Island and Pacific Railroad Company, defendant-appellee. Recovery was sought for personal injuries and property damage sustained by plaintiff in a collision between an automobile driven by him and a switch engine operated by defendant. The complaint asserted plaintiff's freedom from contributory negligence and charged that the collision and resulting...

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