Appellate Court of Illinois May 4, 1970, Gen. No. 11,171 (Cox v. Nicholes)

TRAPP, J.

Plaintiff, as administrator of the estate of a child aged six years, brought action against the estate of the mother of the child. The deaths resulted when the automobile driven by the mother was struck by a train.

Prior to trial the court ordered that a count alleging ordinary negligence be stricken and dismissed.