No. 1-89-2916.

569 N.E.2d 187 (1991)

210 Ill. App.3d 484

155 Ill.Dec. 187

WEST SUBURBAN MASS TRANSIT DISTRICT and Burlington Northern Railroad Company, a corporation, Plaintiffs-Appellees, v. CONSOLIDATED RAIL CORPORATION, a corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

March 7, 1991.

Attorney(s) appearing for the Case

Lord, Bissell & Brook, Chicago (Alvin E. Domash, Hugh C. Griffin and Paul J. Peralta, of counsel), for defendant-appellant.

John Newell, Chicago (Michael L. Sazdanoff and Kenneth J. Wysoglad, of counsel), Kenneth J. Wysoglad & Associates, Chicago, for plaintiffs-appellees.

Justice McMORROW delivered the opinion of the court:

Plaintiff Burlington Northern Railroad Company (Burlington) filed suit against defendant Consolidated Rail Corporation (Consolidated) for damages that occurred when Burlington's train derailed. Burlington's complaint alleged in pertinent part that the parties had entered into an indemnity agreement that required Consolidated to assume liability for the accident. Consolidated filed an answer to the complaint in which...

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