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BEAN v. MISSOURI PACIFIC R.R. CO.

No. 5-87-0211.

171 Ill. App.3d 620 (1988)

525 N.E.2d 1231

DARCY E. BEAN, Ex'r of the Estate of Carl M. Bean, Deceased, Plaintiff, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant and Counter-defendant-Appellant (Goldmine Farms, Inc., Defendant and Counterplaintiff-Appellee).

Appellate Court of Illinois — Fifth District.

Opinion filed July 8, 1988.

Attorney(s) appearing for the Case

David B. Stutsman and Anthony L. Martin, both of Walker & Williams, P.C., of Belleville, for appellant.

Joseph R. Davidson and Shon A. Park, both of Bernard & Davidson, of Granite City, for appellee.

Affirmed as modified and remanded.

JUSTICE LEWIS delivered the opinion of the court:

This appeal arises out of litigation involving a truck-train collision at the intersection of U.S. Highway 51 and the Missouri Pacific Railroad Company's (MoPac's) railroad tracks located north of Pana, Illinois. Carl Bean, MoPac's engineer, and Harold Albright, the driver of the truck owned by Goldmine Farms, Inc. (Goldmine), were killed in the accident.

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