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SMITH v. CHICAGO & E.I.R. CO.

Gen. No. 9,697.

342 Ill. App. 78 (1950)

95 N.E.2d 95

Cecil E. Smith, Administrator of Estate of Sandra Leigh Smith, Deceased, Appellee, v. Chicago and Eastern Illinois Railroad Company, Appellant.

Appellate Court of Illinois.

Released for publication November 28, 1950.

Attorney(s) appearing for the Case

CLAIR M. RODDEWIG, of Chicago, and JOHN J. BAKER, of Shelbyville, for appellant.

VAIL, MILLS & ARMSTRONG, of Decatur, for appellee.

MR. JUSTICE WHEAT delivered the opinion of the court.

This is an action based upon the doctrine of "attractive nuisance" by Cecil E. Smith, administrator, for the death of Sandra Leigh Smith, aged 19 1/2 months, whose body was found in an abandoned pond or reservoir, owned by defendant Chicago and Eastern Illinois Railroad Company. The jury awarded plaintiff $7,000 and upon denial of motions for judgment notwithstanding the verdict and for new trial, this appeal follows...

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