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SUMMIT TP. ROAD DIST. v. HAYES FREIGHT LINES

Gen. No. 63-O-27.

44 Ill. App.2d 274 (1963)

194 N.E.2d 682

Summit Township Road District, a Public Corporation, Plaintiff-Appellant, v. Hayes Freight Lines, Inc., a Corporation, McLean Trucking Company, a Corporation, and Don E. Anderson, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied December 30, 1963.

Attorney(s) appearing for the Case

Frank H. Schniederjon, of Effingham, for appellant.

Willis P. Ryan, Harlan Heller and Ryan & Heller, all of Mattoon, for appellees.

HOFFMAN, JUSTICE.

This action was brought to recover damages to a bridge owned by plaintiff. The bridge was destroyed when defendant's truck, by reason of its weight, caused the bridge to collapse.

On the evening of December 11, 1961 the defendant Anderson was driving defendant Hayes Freight Lines' truck and trailer with a load of steel bars proximating 24 tons on a run from Cleveland to St. Louis. The night was dark and foggy. It was raining. After a rest...

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