RAILROADS, § 350 — pedestrian injured when motorist ignored gates. In action against railway company for injuries sustained by pedestrian who was struck by automobile when driver negligently approaching railway crossing while gates were being lowered swerved automobile and collided with pedestrian, there was no legal duty on part of railway company to reasonably anticipate that driver of automobile would fail to heed lowering of gates, and would insist upon speeding up his automobile in hope of crossing tracks before gates were lowered, and then swerve his car when he discovered that his judgment was faulty. (O'CONNOR, J., dissents.)
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE FEINBERG.
Not to be published in full. Opinion filed January 5, 1948; released for publication January 30, 1948.