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ERICKSON v. TOLEDO, PEORIA & WESTERN R.R.

No. 59675.

21 Ill. App.3d 546 (1974)

315 N.E.2d 912

CARL ERICKSON, Plaintiff-Appellant, v. TOLEDO, PEORIA & WESTERN RAILROAD et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

July 12, 1974.

Attorney(s) appearing for the Case

John Bernard Cashion and Paul F. Davidson, both of Chicago, for appellant.

Lord, Bissell & Brook, of Chicago (Richard E. Mueller, Cornelius B. Callahan, and John J. Berwanger, of counsel), for appellee Toledo, Peoria & Western Railroad.

Barry N. Gutterman, of Chicago, for appellee Burlington Northern, Inc.

Judgment affirmed.

Mr. JUSTICE DRUCKER delivered the opinion of the court:

This is an action by plaintiff, a volunteer fireman, to recover damages for personal injuries he suffered while fighting a fire that occurred after the derailment of a train operated by defendant Toledo, Peoria & Western Railroad. The alleged cause of the derailment was a malfunction in the friction bearing of a railroad car owned by defendant Burlington Northern, Inc. The court...

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