O'leary v. Illinois Terminal Railroad

299 S.W.2d 873 (1957)

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Nature of the Case

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Facts

The collision occurred in Granite City, Illinois. The collision occurred between 9 and 9:30 in the evening. The automobile was overturned and P was injured. She was 15 years of age at the time of the accident. The night was dark and cloudy and there was a mist or fog in the air. It had snowed that morning but was not snowing at the time of the accident. The automobile was being driven by Emmet Cross, and Zella Ford (nee Holman) was riding in the front seat with him. In the rear seat, there were four young people. P was sitting second from the right side of the rear seat. These young people were on the way from Collinsville to 'Teen Town' in Granite City. Lincoln Avenue was a heavily traveled street, but there were no crossing gates, flash signals, or watchmen at the crossing. There was a street light at the crossing and also cross-arms indicating an intersection with railroad tracks. The train was a two-car electric passenger train and was about 180 feet long; the headlight was lit and would show about 1,000 feet; the lights were lit on the inside of the cars, with the usual number of windows on each side. Cross was driving the automobile about 15-20 miles per hour prior to the accident and that P had not observed anything wrong about his driving; that P was looking straight ahead and talking with the other people in the car; that P did not know there was a railroad crossing at that point, but as they approached the intersection, Cross said that 'the crossing was rough', and he put on his brakes and slowed down to about 8-10 miles per hour, 'the next thing I knew then I was in a daze and I was getting out of the car.' P filed suit in Missouri where she was a resident. D claimed P was contributorily negligent in not looking for trains at the crossing and therefore not being able to warn the driver. The court instructed the jury that D had the burden of proof on that issue as per Missouri law. D objected and claimed that Illinois law applied wherein P had that burden of proof on that issue. P got the verdict for $7000. D appealed. The court of appeals affirmed but sua sponte transferred the case to the Supreme Court of Missouri.