LIPPINCOTT v. WABASH RAILROAD COMPANY

No. 13334.

295 F.2d 577 (1961)

Howard LIPPINCOTT, Plaintiff-Appellant, v. WABASH RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 29, 1961.


Attorney(s) appearing for the Case

Appleman, Zimmerly & McKnelly, Champaign, Ill., Robert D. McKnelly, Champaign, Ill., of counsel, for plaintiff.

Ralph J. Swanson, Danville, Ill., Charles P. Lippert, St. Louis Mo., Sebat, Swanson, Banks & Jones, Danville, Ill., John Morton Jones, Danville, Ill., of counsel, for defendant-appellee.

Before DUFFY, KNOCH and KILEY, Circuit Judges.


DUFFY, Circuit Judge.

This case is based upon a railroad crossing collision occurring in the Village of Mansfield, Illinois, on January 3, 1958, at approximately 7:25 a. m. Plaintiff was intimately acquainted with defendant's Short Street crossing in Mansfield. He usually traveled the route over Short Street to go to his work. He had crossed at this crossing at least twenty times in the month preceding the collision.

On the day of the collision, plaintiff...

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