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MONTGOMERY v. TERMINAL R.R. ASS'N

No. 78-297.

73 Ill. App.3d 650 (1979)

392 N.E.2d 77

FREEMAN MONTGOMERY, Plaintiff-Appellee, v. TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS, Defendant-Appellee. — (ST. LOUISSAN FRANCISCO RAILWAY COMPANY, Defendant-Appellant.)

Appellate Court of Illinois — Fifth District.

Opinion filed June 12, 1979.

Attorney(s) appearing for the Case

Walker and Williams, P.C., of Belleville (James C. Cook, of counsel), for appellant.

Gundlach, Lee, Eggmann, Boyle & Roessler, of Belleville (Richard E. Boyle, of counsel), for appellee Terminal Railroad Association of St. Louis.

Edward J. Kionka, of Columbia, and Chapman, Chapman and Carlson, of Granite City (Edward J. Kionka, of counsel), for appellee Freeman Montgomery.

Judgment affirmed.

Mr. PRESIDING JUSTICE GEORGE J. MORAN delivered the opinion of the court:

Defendant St. Louis-San Francisco Railway Company (Frisco) appeals from a judgment of $240,000 entered against it in favor of the plaintiff Freeman Montgomery.

On May 20, 1974, Montgomery worked for the Terminal Railroad Association of St. Louis (Terminal) as a member of a four-man crew. During the early morning hours of May 20, Montgomery's crew was assigned...

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