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KENNEDY & KRATZER, INC. v. CHICAGO, B. & Q.R. CO.

Gen. No. 52,566.

106 Ill. App.2d 278 (1969)

245 N.E.2d 910

Kennedy & Kratzer, Inc., Plaintiff-Appellee, v. Chicago, Burlington & Quincy Railroad Company, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

February 20, 1969.

Attorney(s) appearing for the Case

T.G. Schuster, D.R. Sterling, and G.W. Phillips, of Chicago (Eldon Martin, of counsel), for appellant.

Louis B. Tishler, Jr., and Earl B. Slavitt, of Chicago (Ressman & Tishler, of counsel), for appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

Plaintiff sues to recover for damages to a shipment of potatoes incurred while in transit on defendant's railroad. Liability was conceded and the amount of damages was determined by the court without a jury. The court entered judgment for $1,300.45 based on his finding that plaintiff had properly abandoned the shipment and was entitled to the market value of the potatoes as of the time of delivery to the carrier...

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