RAILROADS, § 322 — liability for dangerous condition of crossing. Where a railroad in violation of a statute permitted trees and underbrush to remain on right-of-way which obscured vision of persona and trains at a crossing, and a minor child unwittingly placed herself in a position of danger in order to determine whether a train was coming and got too close to the track and was struck and killed by a train, in an action for wrongful death, wherein plaintiff administrator had a verdict, there was such a preponderance of evidence for plaintiff's case that the trial court was not justified in granting defendant a new trial (Ill. Rev. Stat. 1941, ch. 111 1/2, par. 62; Jones Ill. Stats. Ann. 112.083).
See Callaghan's Illinois Digest, same topic and section number.
REHEARING OPINION.
Opinion by JUSTICE HEBEL.
"Not to be published in full." Opinion filed May 27, 1942.