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GILLESPIE v. NORFOLK & W. RY. CO.

Gen. No. 10,965.

103 Ill. App.2d 449 (1968)

243 N.E.2d 27

Barbara Gillespie, Administratrix of the Estate of Mose Childers, Deceased, Plaintiff-Appellant, v. Norfolk and Western Railway Company, a Corporation, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

December 19, 1968.

Attorney(s) appearing for the Case

White & White, of Sullivan (Robert M. White, of counsel), and Paul M. King, of Chicago, for appellant.

Samuels, Miller, Schroeder, Jackson & Sly, of Decatur (Carl R. Miller, of counsel), for appellee.

TRAPP, J.

Plaintiff appeals from the order of the trial court dismissing her action for wrongful death and entering judgment for costs against her.

The issue is presented upon the refusal of the trial court to vacate a default judgment which had been entered pursuant to the failure of plaintiff to answer interrogatories within the 28 days prescribed by Rule 213 of the Supreme Court.

The facts may be taken to be true either because they are matters...

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