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SCHWARTZENBERG v. MIDWEST TRANSFER CO. OF ILL.

Gen. No. 47,936.

28 Ill. App.2d 30 (1960)

170 N.E.2d 29

Aimee Schwartzenberg, Harry J. Schwartzenberg, as Executor of the Estate of Harry F. Schwartzenberg, Deceased, and the Inter-Insurance Exchange of the Chicago Motor Club, Plaintiffs-Appellants, v. Midwest Transfer Company of Illinois, a Corporation, and Ralph Lee Brethouwer, Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

November 1, 1960.

Attorney(s) appearing for the Case

Thomas J. Cavanagh, of Chicago, for appellant Inter-Insurance Exchange of the Chicago Motor Club, and John J. Kennelly and Warren J. Hicky, of Chicago, for appellants Aimee Schwartzenberg and Harry J. Schwartzenberg, as executor of the estate of Harry F. Schwartzenberg, deceased (Maurice J. McCarthy, John J. Kennelly, and James P. Chapman, of counsel).

Michael A. Gerrard, of Chicago, for appellee.

MR. JUSTICE FRIEND delivered the opinion of the court.

Three separate suits involving claims for damages against Midwest Transfer Company and Ralph L. Brethouwer were filed in the Superior Court of Cook County. Aimee Schwartzenberg sued for personal injuries; Harry J. Schwartzenberg, as executor of the estate of Harry F. Schwartzenberg, deceased, sued to recover for the wrongful death of decedent; and Inter-Insurance Exchange of the Chicago Motor Club sued as subrogee...

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