Devore v. Toledo, Peoria & Western Railroad

ROETH, JUSTICE.

This is an action brought by the administrator of the estate of Clyde Devore, who was killed when his automobile collided with the train of the Toledo, Peoria & Western Railroad. Suit was brought against said railroad and the engineer and fireman of the train involved in the collision. A jury trial resulted in a verdict in favor of the1 plaintiff against the railroad and against the plaintiff in favor of the defendant engineer and fireman. The defendant railroad filed post trial motions in arrest of judgment and in the alternative to set aside the jury’s verdict and enter…