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OGILVIE v. STEELE

No. 3-1282A342.

452 N.E.2d 167 (1983)

Richard B. OGILVIE, As Trustee of the Property of Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Debtor, Defendant-Appellant, v. LEONARD STEELE, Jr., and Brenda Steele, Jennifer Steele and Vanessa Steele, Minors BY Next Friend, Brenda Steele, Plaintiffs-Appellees, Consolidated Rail Corporation; Kenneth L. Walker, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

August 8, 1983.

Attorney(s) appearing for the Case

Henry J. Price, David F. Snively, James B. Lootens, Barnes & Thornburg, Indianapolis, David C. Jensen, Eichhorn, Eichhorn & Link, Hammond, for defendant-appellant.

Harold Abrahamson, Abrahamson, Reed & Tanasijevich, Hammond, for defendant-appellee Consol. Rail Corp.

STATON, Judge.

The Steele family was injured when their van collided with a train owned and operated by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company (Chicago Railroad). The Steeles sued Chicago Railroad for the negligent operation of its train and they sued the Consolidated Railroad Corporation (Conrail), the owner of the railroad tracks, for negligent maintenance of its railroad crossing. Pursuant to its lease agreement with Chicago Railroad, Conrail...

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