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MERCHANTS NAT. BK. v. E.J. & E. RY. CO.

No. 43237.

49 Ill.2d 118 (1971)

273 N.E.2d 809

MERCHANTS NATIONAL BANK OF AURORA, Admr., Appellee, v. THE ELGIN, JOLIET & EASTERN RAILWAY COMPANY, et al., Appellants.

Supreme Court of Illinois.

Rehearing denied October 4, 1971.

Attorney(s) appearing for the Case

HACKBERT, ROOKS, PITTS, FULLAGAR AND POUST, of Chicago, and ALSHULER, PUTNAM, McWETHY, WEISS AND WEILER, of Aurora, (PAUL NOLAND, E.J. McWETHY and LAWRENCE M. GILL, of counsel,) for appellants.

REID, OCHSENSCHLAGER, MURPHY & HUPP, of Aurora, (LAMBERT M. OCHSENSCHLAGER, WILLIAM C. MURPHY and JOHN M. LAMONT, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE GOLDENHERSH delivered the opinion of the court:

The circuit court of Kane County entered judgment upon a jury verdict in the amount of $250,000 in favor of plaintiff administrator of the estate of Harold E. Seckman, deceased, and against the Elgin, Joliet & Eastern Railway Company, hereafter called defendant, and Edward L. Sak, Jr., administrator of the estate of Marilyn J. Sak, deceased. Defendant railroad appealed and the...

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