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PEORIA & EASTERN RY. CO. v. KENWORTHY

No. 11472.

7 Ill. App.3d 350 (1972)

287 N.E.2d 543

PEORIA & EASTERN RAILWAY COMPANY et al., Plaintiffs-Appellants, v. GLENN KENWORTHY et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

September 13, 1972.

Attorney(s) appearing for the Case

Phillips, Phebus, Tummelson & Bryan, of Urbana. (Darius E. Phebus and Joseph W. Phebus, of counsel,) for appellants.

Summers, Watson and Kimpel, of Champaign, for appellee Glenn Kenworthy.

T. Gaillard Knappenberger, Jr., of Champaign, for appellee Vaughn McDowell.

Reversed and remanded.

Mr. PRESIDING JUSTICE TRAPP delivered the opinion of the court:

The trial court directed a verdict for defendants at the close of plaintiffs' evidence in an action for indemnity, and plaintiffs appeal.

Following the tender of the defense to defendants, which was refused, the plaintiffs settled a personal injury action alleged to have resulted from the obstruction of the view of an automobile driver at the intersection of the...

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