#### Alexander Robertson, Administrator, Appellee, v. The Chicago & Alton Railroad Company, Appellant.

(Not to be reported in full.)

Appeal from the City Court of Granite City; the Hon. William E. Hadley, Judge, presiding. Heard in this court at the March term, 1913.

Affirmed.

Opinion filed October 9, 1913.

Statement of the Case.

Action by Alexander Robertson, administrator of the estate of Jerry Watson, deceased, against the Chi*505cago & Alton Bailroad Company to recover damages for the death of deceased caused by being struck by defendant’s train while deceased was driving a team and wagon over a street crossing. From a judgment in favor of plaintiff for six thousand dollars, defendant appeals.

Abstract of the Decision.

1. Railroads, § 733 * —when liable for collision at crossings. In an action against a railroad company for injuries causing death of plaintiff’s intestate and alleged to have been caused by defendant’s negligence in running its train so as to run over decedent while he was attempting to drive his team across defendant’s tracks at a street intersection, a verdict for plaintiff, held, sustained by the evidence.

2. Railroads, § 746 * —when rate of speed question for jury, Whether train was running at a speed greater than permitted by ordinance, held, to be a question for the jury.

3. Appeal and error, § 1561 * —when refusal of requested instructions harmless. Refusal of requested instructions included in other instructions given cannot be complained of.

4. Negligence, § 192 * —contributory negligence at railroad crossing as question for jury. In an action to recover for the death of a person killed by collision with a railroad train at a street crossing, where the evidence as to the care exercised by deceased is conflicting, the question is for the jury who may take into consideration in determining it, the ordinance regulating the" rate of speed of trains at the crossing.

C. E. Pope, for appellant; Silas H. Strawn, of counsel.

M. R. Sullivan and T. M. Webb, for appellee.

*

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

Mr. Presiding Justice McBride

delivered the opinion of the court.