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McCLEAN v. CHICAGO G.W. RY. CO.

Gen. No. 46,257.

3 Ill. App.2d 235 (1954)

121 N.E.2d 337

James McClean, Plaintiff-Appellant, v. Chicago Great Western Railway Company, Defendant-Appellee.

Appellate Court of Illinois.

Rehearing denied July 30, 1954.

Released for publication September 14, 1954.

Attorney(s) appearing for the Case

WILLIAM H. DePARCQ, and ROBERT J. MARTINEAU, both of Chicago, for appellant.

KIRKLAND, FLEMING, GREEN, MARTIN & ELLIS, of Chicago, for appellee; DAVID JACKER, JOHN M. O'CONNOR, JR., MAX E. WILDMAN, and EDWARD G. PROCTOR, all of Chicago, of counsel.

MR. JUSTICE KILEY delivered the opinion of the court.

This is a personal injury action based on the alleged negligence of defendant's servant. Special and general verdicts and judgment were for defendant. Plaintiff has appealed and defendant has assigned cross-error.

Plaintiff was injured on August 13, 1949, about 7:00 p.m., when defendant's truck, in which plaintiff was a passenger, overturned on U.S. Highway 71 near Savannah,

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