Johnson v. Chicago & Northwestern Railway Co.

BECK, Circuit Judge.

This appeal involves a railway crossing accident which occurred near the town of Unity-ville, in McCook County, on August 1, 1941; and which accident resulted in the death of Dean Johnson, a young man, 21 years of age. The' action was brought by plaintiff, in her capacity as administratrix of the estate of said deceased. Appellant claims substantial damages occasioned by the death of the said Dean Johnson; and bases her claim upon alleged negligence on the part of the respondent railway company.

At the close of all the evidence and after both sides had rested, the trial…