Fane v. Hootman

— We have before us on interlocutory appeal a question of pleading. This case was instituted by the plaintiff, a bystander, against defendant, the operator of a road grader struck by a train.

On April 26, 1961, a collision occurred at a railroad crossing between a road grader operated by defendant, James Hootman, and a train owned and operated by Chicago, Rock Island and Pacific Railroad Company. At the time of the collision plaintiff was in a park about 40 feet from the crossing. When the collision occurred a piece of steel from the road grader struck plaintiff injuring him. He brought suit…