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CHARLESTON NAT. BK. v. INT'L HARVESTER CO.

No. 12110.

22 Ill. App.3d 999 (1974)

317 N.E.2d 585

CHARLESTON NATIONAL BANK, Adm'r of the Estate of Rex L. Brandenburg, Plaintiff-Appellant, v. INTERNATIONAL HARVESTER COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied November 4, 1974.

Attorney(s) appearing for the Case

John E. Norton, of Belleville, and Henry E. Kramer, of Brainard, Bower & Kramer, of Charleston (Edward J. Kionka, of counsel), for appellant.

Jack E. Horsley, Richard F. Record, Jr., and Stephen L. Corn, of Craig & Craig, of Mattoon (Paul C. Nelson, of Law Department, International Harvester Co., of Chicago, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE TRAPP delivered the opinion of the court:

Plaintiff, as administrator, sued for wrongful death. The trial court directed a verdict for defendant upon a count alleging product or manufacturer's liability. This appeal follows a finding as provided in Supreme Court Rule 304.

Plaintiff's decedent fell from the operating station of a large earth-moving vehicle known as a payscraper. The evidence is that the vehicle weighed...

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