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PENNELL v. BALTIMORE & OHIO RY. CO.

Term No. 56-O-9.

13 Ill. App.2d 433 (1957)

142 N.E.2d 497

Delores Pennell, as Administrator of Estate of Anial A. Pennell, Deceased, Plaintiff-Appellee, v. Baltimore and Ohio Railroad Company, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied May 28, 1957.

Supplemental Opinion May 28, 1957.

Released for publication May 28, 1957.

Attorney(s) appearing for the Case

Kramer, Campbell, Costello & Wiechert, of East St. Louis, for defendant-appellant; Edwin H. Burgess, and Kenneth H. Ekin, of counsel.

Dan McGlynn, McGlynn & McGlynn, of East St. Louis, for plaintiff-appellee; Edward J. Murphy, of counsel.

Floyd E. Thompson, Albert E. Jenner, Jr., Harlan L. Hackbert, and Thomas P. Sullivan Amici Curiae.

JUDGE BARDENS delivered the opinion of the court.

Defendant appeals from a judgment of the City Court of East St. Louis entered on a jury's verdict in the amount of $150,000 in a death case brought under the Federal Safety Appliance and Equipment Act, 45 U.S.C.A., Chapter 1. The complaint was in two counts, the verdict resting on Count II, which charged that the railroad cars of defendant involved in this accident were...

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