#### W. L. Elder, Appellee, v. The Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company, Appellant.

Gen No. 19,285.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. John J. Rooney, Judge, presiding.

Heard in this court at the March term, 1913.

Reversed with finding of fact.

Opinion filed May 4, 1914.

Statement of the Case.

Action by W. L. Elder against The Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company to recover damages to an automobile owned by plaintiff and struck by an engine belonging to defendant at a street crossing. From a judgment in favor of plaintiff for four hundred and sixty-five dollars, defendant appeals.

Loesch, Scofield & Loesch, for apppellant.

No appearance for appellee.

*

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number.

Mr. Justice McSurely

delivered the opinion of the court.

*200Abstract of the Decision.

1. Railroads, § 738 * —when judgment for damages to automobile cannot be sustained. In an action against a railroad company for damages to plaintiff’s automobile by being struck by an engine at a street crossing, the evidence showed that servants of plaintiff attempted to drive the automobile over the crossing on a dark night without looking to see if a train was approaching and that there was nothing to prevent them from seeing the approaching locomotive with its headlight burning had they looked. Held that a judgment for plaintiff could not be sustained for the reason that plaintiff, through his agents, was guilty of contributory negligence.

2. Railroads, § 668 * —when driver of automobile approaching railroad crossing guilty of contributory negligence. A person driving an automobile on a dark night upon a railroad track, where it is known that trains are frequently passing, without the slightest concern whether or not a train is approaching is guilty of contributory negligence barring a recovery.