Hamilton v. Peoria & Pekin Union Railway Co.

Plaintiff, Esther Hamilton, filed a complaint for damages for personal injuries two counts of which were directed against defendant-appellee, Norfolk & Western Railway Company. Appellee filed a motion for summary judgment, and judgment was entered in favor of defendant Norfolk and Western. This appeal is from that judgment. There are other counts included in the complaint charging other defendants with negligence in operating the train and crossing, but those counts are not in issue on this appeal.

On December 5, 1970, plaintiff was a passenger in a motor-vehicle proceeding in a generally…