GATES v. CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY

No. 63 C 2125.

227 F.Supp. 652 (1964)

E. H. GATES, Administrator of the Estate of Evelyn Gates, deceased, and E. H. Gates, personally, Plaintiff, v. CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY, Defendant.

United States District Court N. D. Illinois, E. D.

March 16, 1964.


Attorney(s) appearing for the Case

Theodore Sharf, Chicago, Ill., for plaintiff.

Frank E. Glowack, Chicago Heights, Ill., and Walter D. Cummings, Chicago, Ill., for defendant.


MAROVITZ, District Judge.

Motion of defendant to strike Count II of the complaint.

This is a wrongful death action brought by the husband of the deceased, personally, and as administrator of the estate. In Count I, it is alleged that due to the negligent operation of defendant railroad, a train on which deceased was a passenger was derailed. Deceased, as a proximate result of the alleged negligence, received severe injuries leading to her death. Plaintiff...

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