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KOCHES v. CHI. & ILL. MIDLAND R.R. CO.

No. 82-234.

112 Ill. App.3d 851 (1983)

445 N.E.2d 948

KENNETH L. KOCHES, Plaintiff-Appellant, v. CHICAGO & ILLINOIS MIDLAND RAILWAY COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed February 17, 1983.

Attorney(s) appearing for the Case

Miley, Meyer, Austin & Spears, P.C., of Taylorville (Daniel W. Austin, of counsel), for appellant.

Graham & Graham, of Springfield (Charles E. Holt, of counsel), for appellee.

Reversed and remanded.

PRESIDING JUSTICE HARRISON delivered the opinion of the court:

Plaintiff Kenneth L. Koches appeals from the granting of defendant's motion for summary judgment. Defendant Chicago & Illinois Midland Railway Co. moved for a summary judgment of a two-count complaint brought by Koches for personal injury and property damage incurred when his motorcycle struck barricades in front of a large excavation at the intersection of the paved...

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