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WAESCH v. ELGIN, J. & E. RY. CO.

Gen. No. 48,672.

38 Ill. App.2d 56 (1962)

186 N.E.2d 369

Werner Waesch, Plaintiff-Appellee, v. Elgin, Joliet and Eastern Railway Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied December 11, 1962.

Attorney(s) appearing for the Case

Stevenson, Conaghan, Hackbert, Rooks and Pitts, of Chicago (Harlan L. Hackbert, of counsel), for appellant.

Garretson, Lehmann and Thornquist, of Chicago (James L. Garretson and Ruth Thornquist, of counsel), for appellee.

MR. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court.

This litigation was started by the plaintiff suing the defendant for damages to his automobile. The evidence was heard on June 4, 1960, by a police magistrate who then took the case under advisement. On July 1, 1960, the magistrate found in favor of the plaintiff. The defendant appealed to the Circuit Court on August 4, 1960. The Circuit Court dismissed the appeal for the reason that it was not taken...

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