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PRINCE v. ATCHISON, TOPEKA & SANTA FE RY. CO.

No. 78-89.

76 Ill. App.3d 898 (1979)

395 N.E.2d 592

MARJORIE PRINCE, Ex'r of the Estate of Arthur C. Prince, Deceased, Plaintiff-Appellee and Cross-Appellant, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellant. — (MICHAEL E. McCASKY, Defendant; COUNTRY MUTUAL INSURANCE COMPANY, Intervening Appellee; ELECTRIC MUTUAL, Intervening Appellant.)

Appellate Court of Illinois — Third District.

Rehearing denied October 29, 1979.

Attorney(s) appearing for the Case

William J. Voelker, Jr., and James C. Kearns, both of Heyl, Royster, Voelker & Allen, of Peoria, for appellant The Atchison, Topeka and Santa Fe Railway Company.

William J. Thomas, of Henry D. Noetzel & Associates, of Peoria, for appellant Electric Mutual.

R. Gerald Barris and Patrick V. Reilly, of Sorling, Northrup, Hanna, Cullen and Cochran, of Springfield, for appellee Marjorie Prince.

Clifford E. Schneider, of Davis & Morgan, of Peoria, for appellee Country Mutual Insurance Company.

Affirmed in part and reversed in part.

Mr. JUSTICE BARRY delivered the opinion of the court:

On the afternoon of November 12, 1975, the deceased, Arthur C. Prince, was killed when the car he was driving collided with a truck driven by defendant Michael McCasky. The plaintiff, wife of the deceased and executrix of the estate of Arthur Prince, subsequently brought a wrongful death action against McCasky and his employer, defendant Atchison, Topeka and Santa...

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