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PELLEGRINI v. CHICAGO ROCK ISLAND & PAC. R.R.

No. 79-2483.

91 Ill. App.3d 1091 (1980)

415 N.E.2d 615

RICHARD PELLEGRINI, Plaintiff-Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Defendant-Appellee.

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

Opinion filed December 22, 1980.

Attorney(s) appearing for the Case

Richard S. Fleisher and Barbara J. Clinite, both of Karlin & Fleisher, of Chicago (David A. Novoselsky, of counsel), for appellant.

Robert Baal and O.L. Houts, both of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE McGLOON delivered the opinion of the court:

On April 24, 1974, 13-year-old Richard Pellegrini was seriously injured while attempting to hop a freight train operating on the railroad tracks owned by Chicago, Rock Island and Pacific Railroad Company. Railroad moved for summary judgment. The trial court granted Railroad's motion, finding that Pellegrini was contributorily negligent as a matter of law. Pellegrini appeals.

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