Carr v. Chicago & Northwestern Railway Co.

This is an action for damages to plaintiff’s truck-trailer. The damage was done as plaintiff’s employee drove the vehicle, 11 feet high, beneath defendant’s viaduct over the Huntley-Algonquin Road, in McHenry County. The viaduct was not of sufficient height to accommodate the truck. The amount of the damage was stipulated to be $783.60. The court without a jury found, and entered judgment, for defendant. Plaintiff has appealed.

The accident occurred at 3:30 a.m. on October 8, 1944. The vehicle loaded with cattle was being driven to Huntley. The gravel road under the viaduct was constructed and…