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DURKIN v. ELGIN, JOLIET & EASTERN RY. CO.

Gen. No. 46,834.

12 Ill. App.2d 190 (1956)

138 N.E.2d 866

Stephen E. Durkin, Appellee, v. Elgin, Joliet and Eastern Railway Company, and United States Steel Corporation, Appellants.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied January 7, 1957.

Released for publication January 8, 1957.

Attorney(s) appearing for the Case

Stevenson, Conaghan, Velde and Hackbert, all of Chicago, for appellants; Harlan L. Hackbert, Dean A. Olds, of counsel.

James A. Dooley, of Chicago, for appellee.

JUDGE KILEY delivered the opinion of the court.

This is a personal injury action joining a count, under the Federal Employers' Liability Act against defendant Railroad, with a common law count against defendant Steel Company. Verdict and judgment were for plaintiff for $50,000. Defendants have appealed.

The accident occurred December 3, 1952, in the Steel Company's Gary yard upon an elevated railroad way called the "highline." The "highline" runs north and...

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