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GOODRICH v. SPRAGUE
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.
Opinion by JUSTICE HEBEL.
"Not to be published in full." Opinion filed May 27, 1942.
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