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BASSETT v. BURLINGTON NO. R.R. CO.

No. 5-84-0356.

131 Ill. App.3d 807 (1985)

476 N.E.2d 31

MERLE C. BASSETT, Ex'r of the Estate of John David Atwood, Deceased, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied April 2, 1985.

Attorney(s) appearing for the Case

Karl D. Dexheimer, of Pope & Driemeyer, of Belleville, and Robert P. Schmidt, of St. Louis, Missouri, for appellant.

Jerome Mirza & Associates, of Bloomington, for appellee.

Reversed and remanded.

JUSTICE KARNS delivered the opinion of the court:

A judgment of $700,000 was entered on a jury verdict in the circuit court of Madison County against defendant railroad, Burlington Northern, Inc., in a wrongful death action brought by Merle C. Bassett as executor of the estate of decedent, John David Atwood. The railroad seeks reversal of the judgment, or a new trial, asserting numerous errors for our consideration.

The defendant...

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