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SMITH v. GENERAL PAVING COMPANY

No. 74-100.

24 Ill. App.3d 858 (1974)

321 N.E.2d 689

EDWARD SMITH, Plaintiff-Appellant, v. GENERAL PAVING COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Third District.

November 27, 1974.

Attorney(s) appearing for the Case

Sidney Karasik, of Chicago, and Sheldon W. Reagan, of Kankakee, for appellant.

Jack E. Horsley and Stephen L. Corn, of Craig & Craig, of Mattoon (Richard F. Record, Jr., of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

Edward Smith, appellant, appeals from an order of the Circuit Court of Kankakee County which dismissed his complaint against defendant, General Paving Company, for failure to state a cause of action.

This issue before us is best understood by a brief reference to the background of the action. It appears from the record that near Christmas in 1965 a severe flood which followed...

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