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McELLIGOTT v. ILLINOIS CENT. R. CO.

Gen. No. 65-2.

74 Ill. App.2d 121 (1966)

219 N.E.2d 785

Louise McElligott, Individually and as Administrator of the Estate of Francis W. McElligott, Deceased, Plaintiff-Appellant, v. Illinois Central Railroad Company, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Rehearing denied August 26, 1966.

Attorney(s) appearing for the Case

Kassly, Weihl, Carr & Bone, of East St. Louis, for appellant.

Burroughs, Simpson & Burroughs, of Edwardsville (Robert Mitten, Robert S. Kirby, and Paul M. King, of counsel), for appellee.

MORAN, J.

This is an appeal from the Circuit Court of Madison County, Illinois, in a wrongful death-personal injury action based upon a train-automobile collision. The first trial of the case resulted in a hung jury. In the second trial the plaintiff obtained a verdict as administratrix for the death of her husband and for her own personal injuries. The trial court ordered a new trial and the plaintiff's Petition for Leave to Appeal was granted.

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