JELLEN v. NEW YORK, C. & ST. L.R. CO.

Gen. No. 64-49.

53 Ill. App.2d 44 (1964)

202 N.E.2d 665

Peter F. Jellen, Plaintiff-Appellee, v. The New York, Chicago and St. Louis Railroad Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied December 3, 1964.


Attorney(s) appearing for the Case

Pope and Driemeyer, of East St. Louis (W. Thomas Coghill, Jr., of counsel), for appellant.

Morris B. Chapman and Roy W. Strawn, of Granite City, for appellee.


REYNOLDS, J.

Plaintiff's truck was struck by a train of the defendant at the grade intersection of defendant's main line with South Brown Street, in Edwardsville, Illinois, on December 13, 1961. The time was about 7:45 a.m., the weather was cold and clear, and the pavement was dry. Plaintiff's truck, traveling north on South Brown Street, at a rate of speed not greater than 25 nor less than 20 miles per hour was struck by a train of the defendant, which was traveling...

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