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BOTTORFF v. SPENCE

Gen. No. 62-F-7.

36 Ill. App.2d 128 (1962)

183 N.E.2d 1

Lawrence Bottorff, Plaintiff-Appellant, v. John W. Spence, Individually, and John W. Spence, d/b/a Geff Seed and Grain Company, and Baltimore and Ohio Railroad Company, a Corporation, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

May 14, 1962.

Attorney(s) appearing for the Case

Johnson & Ducey, of Belleville (Cornelius T. Ducey, of counsel), and Smith, McCollum & Riggle, of Flora (Paul T. Riggle, of counsel), for appellant.

Wham & Wham, of Centralia, and C. Deneen Matthews, of Fairfield, for appellee.

CULBERTSON, J.

This is an appeal from an order of the Circuit Court of St. Clair County granting summary judgment to defendant, John W. Spence, individually, and d/b/a Geff Seed and Grain Company, based on an action for personal injuries brought by Lawrence Bottorff, as plaintiff.

In the amended complaint plaintiff alleged in substance that defendant Spence permitted boxcars to be placed and left standing on a spur track on his property with the result that...

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