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HERINGTON v. ILLINOIS POWER CO.

Gen. No. 10,794.

79 Ill. App.2d 431 (1967)

223 N.E.2d 729

Ruth E. Herington, Administrator of the Estate of Thead M. Herington, Deceased, Plaintiff-Appellant, v. Illinois Power Company, a Corporation, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

February 16, 1967.

Attorney(s) appearing for the Case

Thomson, Thomson and Mirza, of Bloomington (Chester Thomson, of counsel), and Yoder, Yoder and Luedtke, of Bloomington, for appellant.

Livingston, Barger, Brandt, Slater & Schroeder, of Bloomington (William R. Brandt, of counsel), for appellee.

CRAVEN, P.J.

This appeal arises from denial of plaintiff's post-trial motion which sought a new trial. The jury below found for defendant, Illinois Power Company, in this wrongful death action. Plaintiff contends that certain errors occurred during the course of the trial which were prejudicial and require that a new trial be had. These alleged errors are: (a) Striking certain allegations of negligence from her complaint at the close of her case-in-chief; (b) failing...

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