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CHICAGO, B. & Q. RAILROAD v. OMMEN

Gen. No. 10,911.

93 Ill. App.2d 299 (1968)

235 N.E.2d 80

Chicago, Burlington & Quincy Railroad, an Illinois Corporation, Plaintiff-Appellant, v. Marvin Ommen, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied May 3, 1968.

Attorney(s) appearing for the Case

Graham and Graham, of Springfield, for appellant.

Foreman, Rammelkamp, Bradney & Hall, of Jacksonville (Albert Hall and Marc Dahman, of counsel), for appellee.

CREBS, J.

This suit results from a train wreck. Defendant drove onto the track and stalled his auto. The engineer of the train applied the emergency air in an attempt to avoid the collision and the air application caused the derailment of five cars in the freight train. A jury trial resulted in a verdict for plaintiff in the amount of $1,833.49. Plaintiff then took this appeal seeking a new trial on damages only.

[1] At the trial plaintiff offered...

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