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HARVEY v. NORFOLK & WESTERN RY. CO.

No. 15100.

73 Ill. App.3d 74 (1979)

390 N.E.2d 1384

MARGARET HARVEY, Plaintiff-Appellant and Cross-Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed June 15, 1979.

Attorney(s) appearing for the Case

Joseph W. Phebus and Betsy Pendleton Wong, both of Phillips, Phebus, Tummelson & Bryan, of Urbana, for appellant.

Arthur D. Nicol, of Hatch & Baker, of Champaign, for appellee.

Affirmed in part, and reversed and remanded in part.

Mr. PRESIDING JUSTICE REARDON delivered the opinion of the court:

This action resulted from injuries sustained by the plaintiff, Margaret Harvey, while a passenger in an automobile which stalled on the tracks of the Norfolk & Western Railway, and was struck by one of its trains. Plaintiff filed a complaint which was subsequently amended to include three counts. Count I charged defendant with negligence...

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