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HARSHA v. PEORIA & EASTERN R.R. CO.

No. 11237.

131 Ill. App.2d 920 (1971)

269 N.E.2d 733

RONALD J. HARSHA, ADMR. OF THE ESTATE OF HENRY RAY HARSHA, et al., Plaintiffs-Counter Defendants-Appellants, v. PEORIA & EASTERN RAILROAD COMPANY, Defendant-Counter Plaintiff-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied June 9, 1971.

Attorney(s) appearing for the Case

Costigan & Wollrab, of Bloomington, for appellants.

Livingston, Barger, Brandt, Slater & Schroeder, of Bloomington, for appellee.

Judgment affirmed.

Mr. JUSTICE CRAVEN delivered the opinion of the court:

Henry Ray Harsha, while driving the dump truck of his employer, West Township of McLean County, on November 7, 1963, was struck by the train of the Peoria and Eastern Railroad Company (P. & E.). The accident occurred at the intersection of the P. & E. tracks and John Street in Farmer City, Illinois. Harsha was killed and the truck was a total loss.

A suit was filed by...

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