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LOWE v. NORFOLK & WESTERN RY. CO.

No. 5-82-0687.

124 Ill. App.3d 80 (1984)

463 N.E.2d 795

RICHARD G. LOWE et al., Plaintiffs-Appellees, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellant (General American Transportation Corporation et al., Defendants-Appellees; Monsanto Company, Defendant-Appellee and Third-Party Plaintiff, v. Willamette-Western Corporation, Third-Party Defendant).

Appellate Court of Illinois — Fifth District.

Opinion filed April 19, 1984.

Attorney(s) appearing for the Case

Albert E. Schoenbeck and Stephen M. Schoenbeck, both of Schoenbeck, Tucker & Schoenbeck, of St. Louis, Missouri, and Edward J. Kionka, of Carbondale, for appellant.

W. Munro Roberts, Jr., and Ted L. Perryman, both of Roberts & Heneghan, Inc., of St. Louis, Missouri, for appellee Dresser Industries, Inc.

Kenneth R. Heineman, Bruce D. Ryder, and Ronald L. Hack, all of Coburn, Croft & Putzell, of Belleville, for appellee Monsanto Company.

Robert W. Wilson and Madelyn J. Lamb, both of Burroughs, Simpson, Wilson, Hepler, Broom & McCarthy, of Edwardsville, for appellee General American Transportation Corporation.

Paul L. Pratt and R.E. Schum, both of Paul L. Pratt, P.C., of East Alton, and Paul C. Verticchio, of Verticchio and Verticchio, of Gillespie, and C. William Fechtig, of Carmi, for other appellees.

Reversed and remanded.

JUSTICE WEBBER delivered the opinion of the court:

This appeal from a judgment order of the circuit court of Madison County arises out of an event which occurred on the night of January 10, 1979, at Sturgeon, Missouri. At about 11:15 p.m. on that occasion a tank car being transported by the defendant, Norfolk and Western Railway Company (N&W), left the rails and was punctured by its own running gear. It contained a cargo of a chemical...

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