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PHELPS v. ELGIN, JOLIET & EASTERN RY. CO.

Nos. 37533, 37537, Cons.

28 Ill.2d 275 (1963)

191 N.E.2d 241

ANNA L. PHELPS, Admx., Appellee, v. ELGIN, JOLIET AND EASTERN RAILWAY COMPANY. — (WILLIAM O. ARNOLD et al., Appellants.)

Supreme Court of Illinois.

Opinion filed May 29, 1963.

Attorney(s) appearing for the Case

L. LOUIS KARTON, of Chicago, for appellants.

WILLIAM H. DE PARCQ and EDMUND C. MAURER, of Chicago, (CHARLES ALAN WRIGHT, of Austin, Texas, of counsel,) for appellee.

Appeals dismissed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This case is here upon leave granted to appeal from a judgment of the Appellate Court, First District. (37 Ill.App.2d 46.) It is also here upon an appeal as of right from the same judgment of the Appellate Court upon the asserted ground that a constitutional question arose for the first time in that court. (Ill. Rev. Stat. 1961, chap. 110...

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