Goodpaster v. Chicago, Milwaukee & Gary Railway Co.

Mr. Presiding Justice Jones

delivered the opinion of the court.

This is an appeal from a judgment obtained by appellee against appellant in the circuit court of Winnebago county in a suit for personal injuries sustained in a collision between an army truck, driven by appellee, and one of appellant’s trains at a highway crossing near the south end of Camp Grant on December 6, 1917. Two1 suits were instituted by appellee; the first one was, filed on April 2, 1919, and when it was called for trial a judgment of nonsuit was entered against appellee. The present suit was filed June 1, 1923. The…