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FROZEN FOOD EXP. v. MODERN TRUCK LINES, INC.

Gen. No. 66-34.

79 Ill. App.2d 84 (1967)

223 N.E.2d 275

Frozen Food Express, a Corporation, Plaintiff-Appellee, v. Modern Truck Lines, Inc., a Corporation; and Andrew J. Tharp, Jr., Defendants-Appellants. Modern Truck Lines, Inc., a Corporation, Counter-Plaintiff-Appellant, v. Frozen Food Express, a Corporation, Counter-Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

January 23, 1967.

Attorney(s) appearing for the Case

Pope and Driemeyer, and Listeman, Bandy and Hamilton, of East St. Louis, for appellants.

Wham and Wham, of Centralia, for appellee.

GOLDENHERSH, J.

Defendants, Modern Truck Lines, Inc., and Andrew J. Tharp, Jr., appeal from the judgment of the Circuit Court of Marion County entered on a jury verdict in the amount of $6,500. Defendant, Modern Truck Lines, Inc., also appeals from the judgment entered in favor of plaintiff, Frozen Food Express, on its counterclaim.

The evidence shows that Jake Tarlton owned a tractor which was leased to plaintiff. On April 28, 1964, he was pulling a trailer...

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