Illinois Appellate Court
Civil Court
Wrongful Death
Wrongful death action for train passenger who was struck and killed by express train as he crossed tracks at pedestrian crosswalk. Judgment n.o.v should have been granted as Decedent could have seen train approaching station and had time to stop and step back away from track before train arrived. Danger posed by oncoming train was open and obvious and Decedent should have realized risk of trying to hurry across tracks. Deliberate encounter exception inapplicable. (QUINN and BEVILLE, concurring.)