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CHICAGO, INDIANAPOLIS & LOUISVILLE, R. v. FREEMAN

No. 1171A240.

284 N.E.2d 133 (1972)

CHICAGO, INDIANAPOLIS and LOUISVILLE Railroad, Inc., Commonly Known As the Monon Railroad Company, Defendant-Appellant, v. Thelma FREEMAN, As Widow and Successor Administrator of Virgil Paul Freeman, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied August 10, 1972.

Attorney(s) appearing for the Case

James R. Cotner, Bloomington, for defendant-appellant.

Vernon J. Petri, Petri & Holt, Spencer, David S. McCrea, McCrea & McCrea, Bloomington, for plaintiff-appellee.

ROBERTSON, Presiding Judge.

Virgil Freeman was struck and killed in his automobile by one of defendant-appellant's (Monon) trains. In a trial by jury his widow, the plaintiff-appellee (Freeman) received a verdict and judgment of $105,000.

Monon presents two errors for our consideration. The first is the giving of the following instruction:

"You are instructed that there was in full force and effect on the day in question a statute of the State of...

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