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BOYER v. ATCHISON, T. & S.F. RY. CO.

Gen. No. 48,449.

34 Ill. App.2d 330 (1962)

181 N.E.2d 372

Everd S. Boyer, Plaintiff-Appellant, v. Atchison, Topeka & Santa Fe Railway Company, a Corporation, Defendant-Appellee.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied February 21, 1962.

Attorney(s) appearing for the Case

Thompson, Lewin & Rafferty, and Seymour Velk, all of Chicago (Percival E. Thompson and Robert J. Rafferty, of counsel), for appellant.

Floyd Stuppi, William J. O'Brien, and Gus Svolos, all of Chicago, for appellee.

MR. JUSTICE BURKE delivered the opinion of the court:

Plaintiff appeals from a judgment on the pleadings. On January 5, 1959, he was traveling as a passenger on defendant's train enroute from Chicago to Los Angeles. He was an employee of another railroad and was riding on this train by virtue of an interstate pass given to him as a courtesy by defendant. The pass, which he signed, stated that he assumed "all risk of damage to person ... in any circumstances, whether...

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