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GISEBURT v. CHICAGO, B. & Q.R. CO.

Gen. No. 63-O-17.

45 Ill. App.2d 262 (1963)

195 N.E.2d 746

Leonard D. Giseburt, Plaintiff-Appellee, v. Chicago, Burlington and Quincy Railroad Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied February 5, 1964.

Attorney(s) appearing for the Case

Carl W. Krohl, and Jerome F. Dixon, of Chicago, G. Gordon Burroughs, Burroughs, Simpson & Burroughs, of Edwardsville, for appellant.

Meyer & Meyer, of Belleville, O.R. Newcomer, of St. Joseph, Missouri, and Jo B. Gardner, of Monett, Missouri, for appellee.

HOFFMAN, JUSTICE.

This is a personal injury action brought by plaintiff for injuries he received when struck by one of defendant's trains at a grade crossing.

The accident occurred within the city limits of St. Joseph, Missouri near the hour of 6:00 p.m. on the evening of October 16, 1959. The grade crossing consisted of 3 sets of tracks across which plaintiff was driving when he was struck by one of defendant's passenger trains traveling approximately 79...

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