CHURCHILL v. NORFOLK & WESTERN RY. CO.

No. 49421.

73 Ill.2d 127 (1978)

383 N.E.2d 929

LOIS A. CHURCHILL, Indiv. and as Adm'r, Appellee, v. NORFOLK & WESTERN RAILWAY COMPANY et al. — (Norfolk & Western Railway Company, Appellant.)

Supreme Court of Illinois.

Rehearing denied December 1, 1978.


Attorney(s) appearing for the Case

Giffin, Winning, Lindner, Newkirk, Cohen, Bodewes & Narmont, of Springfield, and James P. Reedy & Associates, Ltd., of Chicago (Richard J. Durbin and James P. Reedy, of Chicago, and Alfred F. Newkirk, of Springfield, of counsel), for appellant.

Thomas F. Londrigan, of Londrigan & Potter, P.C., of Springfield, and Robert H. Brunsman, of Brunsman, Crain, Kenney & Pearson, of Springfield, for appellee.

Francis D. Morrissey and Edward J. Zulkey, of Baker & McKenzie, of Chicago, for amici curia Atchison, Topeka & Santa Fe Ry. Co. et al.

Leonard M. Ring, of Chicago, for amicus curiae Illinois Trial Lawyers Association.


Affirmed and remanded.

MR. JUSTICE MORAN delivered the opinion of the court:

This action resulted from the death of Paul Churchill, who was a passenger in an automobile driven by James R. Cravens when the vehicle stalled on the tracks of the Norfolk & Western Railway, and was struck by one of its trains. Plaintiff, Lois A. Churchill, individually and as administrator of her husband's estate, filed an eight-count amended complaint against Norfolk &...

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