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OAKLAND MEAT CO. v. RAILWAY EXPRESS AGENCY

Gen. No. 48,996.

46 Ill. App.2d 176 (1964)

196 N.E.2d 361

Oakland Meat Company, Inc., Plaintiff-Appellee, v. Railway Express Agency, Incorporated, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

February 4, 1964.

Attorney(s) appearing for the Case

Slovacek and Galliani, of Chicago, for appellant.

Rudnick & Wolfe, of Chicago (Lester D. Foreman and Perry J. Snyderman, of counsel), for appellee.

MR. JUSTICE BRYANT delivered the opinion of the court.

This is an appeal from a judgment entered in the Municipal Court of Chicago on June 25, 1962. The defendant, Railway Express Agency, moved to dismiss the suit at the close of plaintiff's evidence. The Court denied the motion and entered judgment for the plaintiff, Oakland Meat Company, when the defendant rested without offering evidence.

This case tests the application of a familiar rule of common carrier...

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