Henert v. Chicago & North Western Railway Co.

Mr. Presiding Justice Wolfe

delivered the opinion of the court.

The plaintiff’s intestate, William G. Henert, on November 20, 1945, was riding in an automobile owned and driven by Oscar Nass. They were on their way to to Village of Ashton, and as they were crossing the double track railway of the defendant company, a fast passenger train was approaching, from the left at the rate of approximately 80 miles per hour. The train struck the automobile and both Mr. Henert and Mr. Nass were instantly killed. Mollie K. Henert as administratrix of William G. Henert, deceased, brought suit in the circuit…