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PHILLIPS PETROLEUM v. NORFOLK & WESTERN RY.

No. 16229.

96 Ill. App.3d 1093 (1981)

422 N.E.2d 138

PHILLIPS PETROLEUM COMPANY, Plaintiff and Counterdefendant-Appellee, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Counterdefendant and Counterplaintiff-Appellant. — (GENERAL AMERICAN TRANSPORTATION COMPANY, Counterplaintiff and Counterdefendant-Appellee.)

Appellate Court of Illinois — Fourth District.

Rehearing denied July 1, 1981.

Attorney(s) appearing for the Case

John E. Guy, of Abramson & Fox, of Chicago, for appellant.

Robert D. Owen, Marshall A. Susler, and Linda M. Castleman, all of Owen, Roberts, Susler & Murphy, of Decatur, and Heyl, Royster, Voelker & Allen, P.C., of Peoria (William K. Voelker and Rex K. Linder, Jr., of counsel), for appellees.

Affirmed in part and reversed in part.

Mr. JUSTICE BARRY delivered the opinion of the court:

On July 19, 1974, in the switchyards of the Norfolk & Western Railway Company (N&W), in the city of Decatur, Macon County, Illinois, the steel head of a jumbo railroad tank car containing liquefied petroleum gas (LPG) was punctured by a coupler of a boxcar during a switching operation. The explosions and fires which followed caused seven deaths, injured many...

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