AUTOMOBILES AND MOTOR VEHICLES, § 210.1 — when evidence establishes contributory negligence on part of deceased, driving automobile into railroad train. In action for damages for death of automobile driver, who was fatally injured when, in nighttime and at high rate of speed, he drove automobile, belonging to another, into defendant's stationary freight train which blocked highway crossing with which deceased was familiar, and for damages to automobile, held that evidence established contributory negligence on part of deceased as matter of law, with result that court erred in not taking case from jury at close of all of evidence.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE STONE.
"Not to be published in full." Opinion filed March 2, 1943.