Trust Co. of Chicago v. Baltimore O. R. Co.

Full title: Trust Company of Chicago, Administrator of Estates of Steven M. Cermak…

Court: Appellate Court of Illinois, First District

Date published: Jun 19, 1942

315 Ill. App. 209 (Ill. App. Ct. 1942)

42 N.E.2d 883

Opinion

Gen. No. 41,806. (Abstract of Decision.)

Opinion filed June 19, 1942 Rehearing denied July 1, 1942

AUTOMOBILES AND MOTOR VEHICLES, § 226.2^_ — negligence of father as sole proximate cause of death of son at railroad crossing. Where a railroad train could be seen approaching a railroad crossing for a number of miles over flat prairie in open country, and a father with his son seated beside him drove a truck upon the crossing which was struck by a train and both were killed by the impact, on the major issue of fact whether a whistle was blown, the manifest weight of the evidence was that a whistle was blown and the negligence of the father was the sole proximate cause of the death of the son, and a judgment in favor of the latter's administrator was reversed.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. GEORGE W. BRISTOW, presiding.

Judgment reversed and cause remanded for a new trial. Heard in second division, first district, this court at October term, 1941.

Winston, Strawn Shaw, for appellant;

Silas H. Strawn and Harold A. Smith, of counsel;

Finn Miller, for appellee.

Opinion by PRESIDING JUSTICE SCANLAN.

"Not to be published in full." Opinion filed June 19, 1942; rehearing denied July 1, 1942.