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TOLEDO, PEORIA & W.R.R. v. BURLINGTON NORTHERN

No. 77-506.

67 Ill. App.3d 928 (1978)

385 N.E.2d 937

TOLEDO, PEORIA & WESTERN RAILROAD, Plaintiff-Appellee, v. BURLINGTON NORTHERN, INC., Defendant-Appellant.

Appellate Court of Illinois — Third District.

Modified on denial of rehearing February 14, 1979.

Attorney(s) appearing for the Case

Davis & Morgan, of Peoria, and Theodore G. Schuster, of Burlington Northern, Inc., of Chicago, for appellant.

Cornelius P. Callahan, of Lord, Bissell & Brook, of Chicago, and John E. Cassidy, Sr., of Cassidy, Cassidy & Mueller, of Peoria, for appellee.

James P. Daley, of Chicago, and E. Parker Brown, II, of Association of American Railroads, of Washington, D.C., for amicus curiae Association of American Railroads.

Judgment reversed.

Mr. JUSTICE STENGEL delivered the opinion of the court:

Defendant Burlington Northern, Inc., brings this appeal from a judgment for $1,787,500 entered in favor of plaintiff, Toledo, Peoria & Western Railroad, in a product liability action arising out of a 1970 train derailment which caused numerous explosions and extensive damage at Crescent City, Illinois.

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