COX v. NICHOLES

Gen. No. 11,171.

122 Ill. App.2d 252 (1970)

258 N.E.2d 394

Jack R. Cox, Administrator of the Estate of Roxanne Cox, Plaintiff-Appellant, v. Richard I. Nicholes, Administrator of the Estate of Joan Cox, Deceased, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

May 4, 1970.


Attorney(s) appearing for the Case

John T. Allen, of Danville, for appellant.

Hutton, Hegeler, Buchanan & Laury, of Danville (Jackson R. Hutton, of counsel), for appellee.


TRAPP, J.

Plaintiff, as administrator of the estate of a child aged six years, brought action against the estate of the mother of the child. The deaths resulted when the automobile driven by the mother was struck by a train.

Prior to trial the court ordered that a count alleging ordinary negligence be stricken and dismissed. At the trial the court directed a verdict for the defendant upon a count alleging willful and wanton negligence of the mother.

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