Capelle v. Chicago & North Western Railway Co.

This was an action brought by appellant against appellee to recover damages for personal injuries claimed to have been sustained by appellant because of defendant’s negligence. Appellant was driver of a milk truck. On the morning of January 23, 1933, at about 6:40 a. m., the truck which he was driving was struck by one of appellee’s trains where its tracks intersected a public street in North Chicago, known as Second avenue. Appellee maintained no crossing gates at this crossing, but did have employed a crossing watchman for the purpose of warning traffic of the approach of its trains. In the…