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CIOSEK v. INDIANA HARBOR BELT R.R. CO.

No. 79-169.

75 Ill. App.3d 410 (1979)

394 N.E.2d 590

DAVID A. CIOSEK, Plaintiff, v. INDIANA HARBOR BELT RAILROAD COMPANY, Defendant-Counterclaimant-Appellant. — (OLE FREDRICKSEN et al., Defendants-Counterdefendants-Appellees.)

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

Opinion filed August 20, 1979.

Attorney(s) appearing for the Case

Anna M. Kelly, of Chicago, for appellant.

Pretzel, Stouffer, Nolan & Rooney, Chartered, of Chicago (Robert Marc Chemers and Joseph B. Lederleitner, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Plaintiff, David A. Ciosek, riding on the leading platform of a caboose of one of defendant Indiana Harbor Belt Railroad Company's (the railroad) moving trains, was injured when defendants Ole Fredricksen and Son and John Fredricksen (defendants) backed a truck into the side of the caboose. Plaintiff sued the railroad under the Federal Employers' Liability Act (FELA), alleging...

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