delivered the opinion of the court.
Osdale v. Illinois Central Railroad, 210 Ill. App. 619 (1918)
April 5, 1918
·
Illinois Appellate Court
210 Ill. App. 619
Minnie Tan Osdale, Administratrix, Appellee, v. Illinois Central Railroad Company, Appellant.
(Not to foe reported in full.)
Abstract of the Decision.
1. Railroads, § 740 * —when question for jury whether ordinance relating to speed and ringing of bell is violated. In an action to recover damages for the death of a guest in an automobile struck by defendant’s train, which was backing over a railroad crossing, evidence held to present a question for the jury as to whether the train was being operated at a speed in excess of 6 miles per hour in violation of ordinance, and whether the bell was continuously rung on approaching the crossing as required by ordinance.
2. Railroads, § 752*—when contributory negligence of occupant of automobile struck by train is question for jury. In an action to recover damages for the death of a guest in an automobile struck *620by defendant’s train, which was backing eastwardly over a track customarily used for westbound traffic, evidence that the automobile on approaching the track was traveling at a speed of 12 or 13 miles per hour; that when half a block from the track the driver of the car looked in both directions, but saw no train; that at a distance of 150 feet the track was visible for a distance of 600 or 700 feet; that the train was being operated at a prohibited rate of speed and that the bell was not continuously rung as required by ordinance, presented a question for the jury on decedent’s negligence, even assuming that decedent and the driver of the car were engaged in.a common enterprise, rendering the driver’s negligence imputable to decedent.
*619Appeal from the Circuit Court of St. Clair county; the Hon. George A. Crow, Judge, presiding.
Heard in this court at the October term, 1917.
Affirmed.
Opinion filed April 5, 1918.
Certiorari denied by Supreme Court (making opinion final).
Statement of the Case.
Action by Minnie Van Osdale, as administratrix of the estate of Ulysses G-. Van Osdale, deceased, plaintiff, against Illinois Central Railroad Company, defendant, to recover damages for the wrongful death of her decedent. From a judgment for plaintiff for $1,650, defendant appeals.
Kramer, Kramer & Campbell and R. H. Wiechert, for appellant; John Gr. Drennan, of counsel.
C. H. Gr. Heineelden, for appellee.