GAINER v. ELGIN, J. & E. RY. CO.

Gen. No. 67-173.

99 Ill. App.2d 119 (1968)

240 N.E.2d 712

Thomas F. Gainer, Administrator of the Estate of Patricia J. Gainer, Deceased, Plaintiff-Appellant, v. Elgin, Joliet and Eastern Railway Company, a Corporation, Defendant-Appellee.

Appellate Court of Illinois — Second District.

September 23, 1968.


Attorney(s) appearing for the Case

Murphy and Griffin, of Aurora, for appellant.

Alschuler, Putnam, McWethy, Weiss & Weiler, of Aurora, and Hackbert, Rooks, Pitts, Fullagar & Poust, of Chicago, for appellee.


MR. JUSTICE MORAN delivered the opinion of the court.

This is a wrongful death case arising out of a railroad crossing accident. The trial court directed a verdict in favor of the defendant railroad at the close of the plaintiff's case, and the issue on this appeal is whether that action was proper.

The accident happened at about 4:00 p.m. on February 7, 1965, at the defendant's grade crossing on Lockport Road, east of the Village of Plainfield. The decedent...

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