#### Henrietta Bertha Hunse, Administratrix, Appellee, v. Chicago Great Western Railway Company, Appellant.

Gen. No. 5,674.

(Not to be reported in full.)

Appeal from the Circuit Court of DuPage county; the Hon. Mazzini Slusseb, Judge, presiding. Heard in this court at the April term, 1913.

Reversed with finding of fact.

Opinion filed August 2, 1913.

Statement of the Case.

Action by Henrietta Bertha Hunse, administratrix of the estate of Henry A. Hunse, deceased, against the Chicago Great Western Railway Company, to recover damages for the benefit of the next of kin of the deceased for the death of deceased resulting from being struck by defendants train at a highway crossing. From a judgment in favor of plaintiff for two thousand one hundred and forty-two dollars, defendant appeals.

*521Abstract of the Decision.

1. Death, § 78 * —sufficiency of the evidence. In an action for death of deceased resulting from being struck by a train while driving over a highway crossing, the evidence held insufficient to sustain verdict for plaintiff.

2. Railroads, § 667*—duty to look and listen at railroad crossings. Failure of a person approaching a railroad crossing upon a highway to look and listen precludes recovery for personal injuries when a reasonably prudent man so situated would look and listen.

Winston, Payne, Strawn & Shaw, for appellant; Edward W. Everett and J. Sidney Condit, of counsel.

Childs & Childs, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice Whitney

delivered the opinion of the court.