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ROGERS v. CHICAGO & N.W. TRANSP. CO.

No. 77-301.

59 Ill. App.3d 911 (1978)

375 N.E.2d 952

ROY ROGERS, Plaintiff-Appellee, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed April 20, 1978.

Attorney(s) appearing for the Case

James P. Daley and George H. Brant, both of Chicago, and Richard M. Roessler, of Gundlach, Lee, Eggman, Boyle, & Roessler, of Belleville, for appellant.

Morris B. Chapman, of Chapman & Chapman, and Robert W. Bosslet, both of Granite City, for appellee.

Reversed and remanded.

Mr. JUSTICE KARNS delivered the opinion of the court:

This is an appeal by the Chicago and North Western Transportation Company, defendant, from a judgment entered on a jury verdict in the Circuit Court of Madison County in favor of the plaintiff, Roy Rogers, in the amount of $200,000. Defendant contends that: (1) the issue of the plaintiff's contributory negligence was erroneously withheld from the jury's consideration; (2) the trial...

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