#### Mary M. Maloney, Administrator, Appellee, v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company, Appellant.

(Not to be reported in full.)

Abstract of the Decision.

Death, § 50b * —when evidence shows that person killed at railroad crossing was guilty of contributory negligence. Evidence held to show that deceased was not in the exercise of ordinary care for his own safety prior to and at the time he was killed by defendant’s train at a crossing, in an action to recover damages resulting from his death, where it appeared that there was a headlight burning *102on the front of the engine at the time he was struck; that the view was unobstructed within 75 or 80 feet of the track; that he could, not help seeing the light unless he was asleep or intoxicated; that he was more or less intoxicated three hours before and that there was no eyewitness to the accident.

*101Appeal from the Circuit Court of Clark county; the Hon. Augustus A. Partlow, Judge, presiding. Heard in this court at the April term, 1917.

Reversed.

Opinion filed October 11, 1917.

Statement of the Case.

Action by Mary M. Maloney, administratrix of the estate of H. K. Maloney, deceased, plaintiff, against the Cleveland, Cincinnati, Chicago & St. Louis Bailway Company, defendant, to recover damages resulting from the death of the deceased caused by his being struck by defendant’s train. From a judgment for plaintiff for $1,500, defendant appeals.

P. J. Kolb and Scholfield & Scholfield, for appellant; L. J. Hackney and Frank L. Littleton, of counsel.

Everett Connelly and Arthur Poorman, for appellee.

*

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

Mr. Justice Thompson

delivered the opinion of the court.