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Elmer J. Humbert, Administrator of Estate of John Elmer Humbert, Deceased, Appellee, v. Frank O. Lowden et al., Appellants.

AUTOMOBILES AND MOTOR VEHICLES, § 240 — when verdict for wrongful death of automobile passenger not against weight of evidence. In action for wrongful death of automobile passenger who was fatally injured when, in nighttime, automobile in which he was riding was struck at city street crossing by defendant's passenger train, which, was running at speed of 70 miles at time it passed crossing, held that, under evidence, verdict for plaintiff was not against manifest weight of evidence.

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

PER CURIAM.

Not to be published in full. Opinion modified and rehearing denied October 3, 1944.

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HUMBERT v. LOWDEN
(Jul 20, 1944)