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CARTER v. CHICAGO & ILLINOIS MIDLAND RY. CO.

No. 4-85-0298.

168 Ill. App.3d 652 (1988)

522 N.E.2d 856

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

Appellate Court of Illinois — Fourth District.

Rehearing denied May 27, 1988.

Attorney(s) appearing for the Case

Graham & Graham, of Springfield (Charles E. Holt, of counsel), for appellant.

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

Reversed and remanded.

PRESIDING JUSTICE GREEN delivered the opinion of the court:

This appeal concerns the remaining issues in litigation resulting from a collision occurring in Menard County on October 9, 1981, between a train of defendant Chicago & Illinois Midland Railway Company (CIM) and a van driven by decedent Beverly I. Carter (Beverly). Her daughter, decedent Tiffany Leah Carter (Tiffany), was a passenger in that van. On February 10, 1982, William...

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