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CARTER v. CHICAGO & ILL. MIDLAND RY. CO.

No. 4-84-0441.

130 Ill. App.3d 431 (1985)

474 N.E.2d 458

WILLIAM J. CARTER, Ex'r of the Estate of Beverly I. Carter, Deceased, Plaintiff-Appellant, v. CHICAGO & ILLINOIS MIDLAND RAILWAY COMPANY, Defendant-Appellee (William J. Carter, Adm'r of the Estate of Tiffany Leah Carter, Deceased, Plaintiff).

Appellate Court of Illinois — Fourth District.

Opinion filed February 5, 1985.

Attorney(s) appearing for the Case

Knuppel, Grosboll, Becker & Tice, of Petersburg (R. John Alvarez, of counsel), for appellant.

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

Judgment affirmed.

JUSTICE WEBBER delivered the opinion of the court:

Plaintiff, in his capacity as executor of his deceased wife's estate, brought a wrongful death action in the circuit court of Menard County against the defendant. The cause was tried to a jury which found in favor of the plaintiff and against the defendant, but on comparative negligence principles found the decedent to be 90% at fault. The trial court reduced the verdict accordingly and...

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