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MOYERS v. CHICAGO & E.I.R. CO.

Gen. No. 63-O-34.

43 Ill. App.2d 316 (1963)

193 N.E.2d 604

William E. Moyers, Plaintiff-Appellee, v. Chicago & Eastern Illinois Railroad Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied November 13, 1963.

Attorney(s) appearing for the Case

August L. Fowler, of Marion, and Hart & Hart, of Benton (P.C. Mullen and Frank E. Glowacki, of Chicago Heights, of counsel), for appellant.

Elmer Jenkins, of Benton, for appellee.

SCHEINEMAN, J.

This is a crossing accident case involving a collision between a truck and a train in which the driver sustained injuries. A jury returned a verdict for $65,000 upon which judgment was entered, and the railroad brings this appeal.

The testimony in the case is highly conflicting; almost everything testified to by any witness was contradicted by others. The testimony of a number of witnesses for the defendant, if believed, would tend to prove...

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