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BURKE v. TOLEDO, PEORIA & WESTERN R.R. CO.

No. 84-0178.

148 Ill. App.3d 208 (1986)

498 N.E.2d 682

RUTH BURKE, Adm'r of the Estate of Edward E. Burke, Deceased, Plaintiff-Appellant, v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied October 29, 1986.

Attorney(s) appearing for the Case

Thomas P. Cernek, of Chicago, for appellant.

Weston W. Marsh, of Chicago, for appellee Toledo, Peoria & Western Railroad Company.

No brief filed for appellees Consolidated Rail Company and Edward E. Wyss.

Judgment affirmed.

JUSTICE BUCKLEY delivered the opinion of the court:

Plaintiff, Ruth Burke, as administrator of the estate of decedent Edward Burke, brought a wrongful death action against defendant Toledo, Peoria and Western Railroad Company and one of its engineers, seeking to recover damages for fatal injuries decedent sustained when his automobile collided with defendant's train. Following a trial, the jury rendered a verdict for the railroad, the engineer...

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