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BEFFA v. TERMINAL RR ASS'N OF ST. LOUIS

No. 5-88-0129.

566 N.E.2d 846 (1991)

208 Ill. App.3d 7

152 Ill.Dec. 969

Edward BEFFA, Plaintiff-Appellee, v. TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS, a corporation, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied March 6, 1991.

Attorney(s) appearing for the Case

(Richard M. Roessler and Kenneth L. Halvachs, of counsel), Gundlach, Lee, Eggmann, Boyle & Roessler, Belleville, for defendant-appellant.

(Bruce N. Cook, of counsel), Cook, Shevlin, Keefe & Ysursa, Ltd., Belleville, for plaintiff-appellee.

Justice HOWERTON delivered the opinion of the court:

It happened in a high crime area of St. Louis, Missouri, where Goodfellow Street passes under defendant's railroad bridge.

Goodfellow Street had been lowered and made into an underpass, and the bridge, which was formed by the tracks and a sidewalk, ran at ground level. The bridge was convenient for people living in a nearby housing project to use as a shortcut. The use was so heavy, and so well known, that...

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