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LA SALLE NATIONAL BANK v. CITY OF CHICAGO

No. 83-1693.

132 Ill. App.3d 607 (1985)

478 N.E.2d 417

LA SALLE NATIONAL BANK, Guardian of the Estate of Charles Murphy, a Minor, Plaintiff-Appellee and Cross-Appellant, v. THE CITY OF CHICAGO et al., Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied April 16, 1985.

Attorney(s) appearing for the Case

Sweeney & Riman, Ltd., of Chicago (Kevin F. Donohue and Georgene M. Wilson, of counsel), for appellant City of Chicago.

Richard S. Fleisher and Barbara J. Clinite, both of Karlin & Fleisher, Ltd., of Chicago (David A. Novoselsky, of counsel), for appellee.

Judgment affirmed.

JUSTICE PERLIN delivered the opinion of the court:

Charles Murphy (plaintiff), a nine-year-old third-grade student at Park Manor School in Chicago, lost his left foot and right leg below the knee on March 27, 1979, when he attempted to "flip" (climb aboard) a moving freight train owned and operated by defendant Consolidated Rail Corporation (Conrail), after gaining access to the Conrail railroad tracks by climbing through a hole in a cyclone...

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