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DEVORE v. TOLEDO, PEORIA & W. RAILROAD

Gen. No. 10,318.

30 Ill. App.2d 409 (1961)

174 N.E.2d 883

Clyde Devore, Jr., Administrator of the Estate of Clyde Devore, Sr., Deceased, Plaintiff-Appellee, v. Toledo, Peoria and Western Railroad, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied June 13, 1961.

Attorney(s) appearing for the Case

Cassidy & Cassidy, of Peoria, for appellant.

Livingston, Barger & Brandt, of Bloomington, for appellee.

ROETH, JUSTICE.

This is an action brought by the administrator of the estate of Clyde Devore, who was killed when his automobile collided with the train of the Toledo, Peoria & Western Railroad. Suit was brought against said railroad and the engineer and fireman of the train involved in the collision. A jury trial resulted in a verdict in favor of the plaintiff against the railroad and against the plaintiff in favor...

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