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GRAND TRUNK WESTERN R. CO. v. M.S. KAPLAN CO.

Gen. No. 48,668.

43 Ill. App.2d 230 (1963)

193 N.E.2d 456

Grand Trunk Western Railroad Company, a Corporation, Appellant, v. M.S. Kaplan Company, a Corporation, Chicago and North Western Railroad Company, a Corporation, and the Indiana Harbor Belt Railroad Company, a Corporation, Appellees.

Appellate Court of Illinois — First District, Second Division.

September 17, 1963.

Attorney(s) appearing for the Case

Winston, Strawn, Smith & Patterson, of Chicago (Edward J. Wendrow and R. Lawrence Storms, of counsel), for appellant.

Blanksten and Lansing, of Chicago (Bernard M. Kaplan, of counsel), for appellee, M.S. Kaplan Company, and Robert W. Russell and George Kaye, of Chicago, for appellee, Chicago and North Western Railroad Company, and Richard O. Olson, Alvin E. Domash, and Thomas J. Healey, all of Chicago, for appellee, Indiana Harbor Belt Railroad Company.

MR. JUSTICE FRIEND delivered the opinion of the court.

Plaintiff brought suit for damages resulting from the derailment of its passenger train No. 6, alleged to have occurred when it ran over railroad scrap which had fallen from the earlier Indiana Harbor Belt train No. 9004. Defendant Chicago and North Western Railroad (North Western) is charged with having furnished gondolas for train No. 9004 which had large holes...

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