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COGSWELL v. NORFOLK & WESTERN RY. CO.

No. 13326.

43 Ill. App.3d 444 (1976)

357 N.E.2d 217

JEAN F. COGSWELL, Adm'rx of the Estate of Oren D. Cogswell, Deceased, Plaintiff-Appellant, v. NORFOLK AND WESTERN RAILWAY COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed November 18, 1976.

Attorney(s) appearing for the Case

Thomas, Mamer, Haughey & Miller, of Champaign (Thomas F. Kolter, of counsel), for appellant.

Edward J. Kionka, of Belleville, for appellees.

Philip C. Zimmerly, of Champaign, for appellee Robert Valentine.

Robert P. Shonkwiler, of Monticello, for appellee Norfolk and Western Railway Company.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

This is a wrongful death action which arose out of a collision between plaintiff's decedent's truck and defendant Norfolk and Western's train at a crossing within the boundaries of defendant Valentine's farm property. In essence, plaintiff has alleged that on an icy December afternoon decedent was unable to stop and slid down a steeply sloping road...

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