Hoyt v. Chicago, Rock Island and Pacific Railroad Co.

LeGRAND, Justice.

This appeal arises out of a fatal railroad crossing accident which occurred on De*117cember 24, 1968. A 73-car freight train of Chicago, Rock Island, and Pacific Railroad Company struck a car driven by Peary Hoyt, Jr. His adult son, Peary Edward Hoyt, was a passenger in the vehicle. Both were killed. Plaintiff brought wrongful death actions as administrator of each, suing the railroad and Fred Brown, the train’s engineer. A jury verdict in favor of the passenger’s estate was returned in the amount of $35,000. In the case of Peary Hoyt, Jr. (the driver) the jury found for…