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JACKSON v. BURLINGTON NORTHERN, INC.

No. 79-458.

84 Ill. App.3d 967 (1980)

405 N.E.2d 805

JOSEPHINE JACKSON et al., Plaintiffs, v. BURLINGTON NORTHERN, INC., et al., Defendants-Appellants. — (MICHAEL FILKER, Plaintiff-Appellee.)

Appellate Court of Illinois — Third District.

Rehearing denied July 3, 1980.

Attorney(s) appearing for the Case

Davis & Morgan, of Peoria, and Barash & Stoerzbach, of Galesburg, for appellants.

Robert D. Jackson, of Westervelt, Johnson, Nicoll & Keller, and Harold N. O'Hara, both of Peoria, for appellee.

Judgment affirmed.

Mr. JUSTICE STOUDER delivered the opinion of the court:

This appeal arises from a judgment of the circuit court of Fulton County dismissing defendants-appellants' counterclaim against plaintiff-appellee. On June 3, 1974, plaintiff-appellee Michael Filker was driving his car west on Holly Street in Canton near the intersection of that street and the Burlington Northern railroad tracks. Riding as a passenger in Filker's car was plaintiff Josephine...

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