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SPRING v. TOLEDO, PEORIA & WESTERN R.R. CO.

No. 49245.

69 Ill.2d 290 (1977)

371 N.E.2d 621

EILEEN I. SPRING, Indiv. and as Ex'r, Appellee, v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY et al. — (Toledo, Peoria & Western Railroad Company, Appellant.)

Supreme Court of Illinois.

Rehearing denied January 26, 1978.

Attorney(s) appearing for the Case

Cassidy, Cassidy & Mueller, of Peoria (John E. Cassidy, Sr., of counsel), for appellant.

Moehle, Reardon, Smith & Day, of Washington (Melvin O. Moehle, of counsel), for appellee.

Judgment affirmed.

MR. JUSTICE CLARK delivered the opinion of the court:

A jury in the circuit court of Peoria County returned a general verdict finding the defendant Toledo, Peoria & Western Railroad Company liable for wilful and wanton conduct in connection with the alleged wrongful death of plaintiff's husband, Glenn E. Spring, who was struck by a train while trespassing across the railroad's right-of-way. The jury also returned a special verdict finding...

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