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CARTER v. CHICAGO & ILLINOIS MIDLAND RY. CO.

No. 4-85-0298.

144 Ill. App.3d 437 (1986)

494 N.E.2d 892

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

Appellate Court of Illinois — Fourth District.

Rehearing denied July 21, 1986.

Attorney(s) appearing for the Case

Charles E. Holt, of Graham & Graham, of Springfield, for appellant.

Knuppel, Grosboll, Becker & Tice, of Petersburg, for appellee.

Appeal dismissed.

JUSTICE WEBBER delivered the opinion of the court:

The appeal marks the third appearance of this star-crossed case in this court. All three grow out of a tragic accident in which the plaintiff's wife and infant daughter were killed in an automobile-train collision at a public crossing in Menard County on October 9, 1981. A jury trial seeking damages for the wrongful deaths was held in Menard County in January 1984 and resulted in verdicts...

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