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LIVINGSTON SERVICE CO. v. BIG WHEELS, INC.

No. 16605.

96 Ill. App.3d 591 (1981)

421 N.E.2d 1042

LIVINGSTON SERVICE COMPANY, INC., Plaintiff-Appellant, v. BIG WHEELS, INC., Defendant and Counterplaintiff-Appellee and Cross-Appellee. — (JOHN E. MITCHELL COMPANY, Defendant and Counterdefendant-Appellee and Cross-Appellant.)

Appellate Court of Illinois — Fourth District.

Opinion filed June 3, 1981.

Attorney(s) appearing for the Case

Dunn, Brady, Goebel, Ulbrich, Morel, Kombrink & Hundman, of Bloomington (William M. Goebel, of counsel), for appellant.

Westervelt, Johnson, Nicoll & Keller, of Peoria (Robert D. Jackson, of counsel), for appellee John E. Mitchell Company.

Heyl, Royster, Voelker & Allen, of Peoria (Rex Linder, of counsel), for appellee Big Wheels, Inc.

Affirmed in part and reversed in part.

Mr. JUSTICE GREEN delivered the opinion of the court:

A custom-built fertilizer spreader vehicle caught fire and burned on April 11, 1977, while being used by its owner, plaintiff, Livingston Service Company, Inc., to spread fertilizer upon a farm field. The predominant issue in this appeal from trial court judgments against plaintiff in its suit to recover for the loss of the vehicle is whether, from the circumstances...

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