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CANNATA v. WHITE OWL EXP., INC.

Gen. No. 44,823.

339 Ill. App. 79 (1949)

89 N.E.2d 56

Anthony Cannata, Administrator of Estate of Serafino Russell Cannata, Deceased, Appellee, v. White Owl Express, Inc. and Carl B. Harris, Appellants.

Appellate Court of Illinois.

Rehearing denied December 14, 1949.

Released for publication December 14, 1949.

Attorney(s) appearing for the Case

JOHN M. BEVERLY and A.J.W. APPELL, both of Chicago, for appellants; A.J.W. APPELL, of Chicago, of counsel.

RUBINELLI, ALLERUZZO & ALTIERI, of Chicago, for appellee; RICHARD ALTIERI, of Chicago, of counsel.

MR. JUSTICE KILEY delivered the opinion of the court.

This is an action for damages under the Injuries Act (Chapter 70, Sections 1 and 2, Illinois Revised Statutes [Jones Ill. Stats. Ann. 38.01, 38.02]) for wrongful death of a boy not yet eight years old. Defendants were defaulted, jury waived, finding made, and judgment entered for plaintiff for $10,000.00 in October 1946. In January 1947, defendants filed a Special Appearance, made a motion to vacate and declare...

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