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DeMARIE v. B. & O. CHICAGO TERMINAL R.R. CO.

No. 78-2026.

79 Ill. App.3d 50 (1979)

398 N.E.2d 248

AUGUST DeMARIE, Plaintiff-Appellee, v. THE BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed December 3, 1979.

Attorney(s) appearing for the Case

Lord, Bissell & Brook, of Chicago (Cornelius P. Callahan and Hugh C. Griffin, of counsel), for appellant.

Edward J. Kelly, of Chicago, for appellee.

Judgment reversed.

Mr. JUSTICE McGLOON delivered the opinion of the court:

Defendant Baltimore and Ohio Chicago Terminal Railroad Company appeals from a jury verdict awarding plaintiff August DeMarie $125,000 for injuries he received when the truck he was driving was struck by one of defendant's switch trains. Prior to trial, defendant filed a motion to dismiss on the grounds that plaintiff had previously signed a release acknowledging receipt of $7500 "in...

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