RAMMING v. BELT RY. CO., 311 Ill. App. 367 (1941)

36 N.E.2d 275

Gen. No. 40,873. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed July 1, 1941 Rehearing denied September 17, 1941

AUTOMOBILES AND MOTOR VEHICLES, § 219[*] — crossing collision, prima facie case. In action for injuries sustained by motorist when struck by

Page 368

train at railroad crossing, evidence that crossing was poorly lighted by a dirty lantern, that weeds obscured the view, and that the train failed to give proper warning signals, established a prima facie case, and lower court erred in granting defendant judgment notwithstanding verdict; the rules governing court in weighing evidence on motions for directed verdict being discussed at length in the opinion.

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

Judgment reversed, and cause remanded with directions. Heard in second division, first district, this court at October term, 1939.

Krohn MacDonald, for appellants;

Stuart B. Krohn and Ian P. MacDonald, of counsel;

Emmet Trainor, Joseph S. Lafferty and William J. Milroy, for appellees;

Charles H. Woods, of counsel.

Opinion by JUSTICE SCANLAN.

“Not to be published in full.” Opinion filed July 1, 1941; rehearing denied September 17, 1941.