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NEW YORK, C. & ST. L.R. CO. v. ERIE R. CO.

Gen. No. 45,524.

346 Ill. App. 356 (1952)

105 N.E.2d 518

New York, Chicago and St. Louis Railroad Company, Appellant, v. Erie Railroad Company, and Chicago and Western Indiana Railroad Company, Appellees.

Appellate Court of Illinois.

Rehearing denied April 6, 1952.

Released for publication May 6, 1952.

Attorney(s) appearing for the Case

WINSTON, STRAWN, SHAW & BLACK, of Chicago, for appellant; JOHN C. SLADE, DOUGLAS C. MOIR, and EDWARD J. WENDROW, all of Chicago, of counsel.

SHOREY & WOODS, of Chicago, for certain appellee, J.R. BARSE and SAMUEL KASSEL, both of Chicago, for certain other appellee; CLYDE E. SHOREY, and FREDERIC BARTH, both of Chicago, of counsel.

MR. JUSTICE ROBSON delivered the opinion of the court.

This is an appeal by plaintiff, the New York, Chicago & St. Louis Railroad (appellant, hereinafter referred to as "Nickel Plate") from a judgment entered by the trial court which ordered: (1) That the plaintiff take nothing by its complaint as amended; (2) that defendant-counterclaimant, Erie Railroad Company (appellee, hereinafter referred to as "Erie") should recover from plaintiff $41,555.49 and costs;...

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