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EATON v. BALTIMORE & OHIO R.R. CO.

No. 4-89-0947.

198 Ill. App.3d 137 (1990)

555 N.E.2d 790

ALLEN EATON, Plaintiff-Appellant, v. BALTIMORE AND OHIO RAILROAD COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed June 7, 1990.

Attorney(s) appearing for the Case

Warrren E. Danz, P.C., of Peoria (Richard G. Leiser, of counsel), for appellant.

Frederic L. Kenney, of Decatur, for appellee.

Reversed and remanded.

JUSTICE LUND delivered the opinion of the court:

Plaintiff sued defendant railroad company, alleging wilful and wanton acts of negligence. Plaintiff appeals the decision of the trial court granting defendant's motion to dismiss pursuant to section 2-615 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1987, ch. 110, par. 2-615). The issue in this case is whether the complaint sufficiently...

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