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HILES v. NORFOLK AND WESTERN RY. CO.

No. 5-93-0775.

644 N.E.2d 508 (1994)

268 Ill. App.3d 561

205 Ill.Dec. 952

William J. HILES, Plaintiff-Appellee, v. NORFOLK AND WESTERN RAILWAY, COMPANY, a Corporation, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

December 29, 1994.

Attorney(s) appearing for the Case

Thomas W. Alvey, Jr., Kurt E. Reitz, Mary Sue Juen Thompson & Mitchell, Belleville, for appellant.

Jeanne L. Sathre, Meehling & Bernardoni, Marshall, Lance Callis, Callis, Pape, Hale, Jensen, Jackstadt, Bailey & Halloran, Granite City, for appellee.

Justice WELCH delivered the opinion of the court:

On December 26, 1991, William J. Hiles (plaintiff), filed a one-count complaint against the Norfolk & Western Railway Company (defendant) in the circuit court of Madison County. Plaintiff brought his action under the Federal Safety Appliance Act (Safety Appliance Act) (45 U.S.C.S. sec. 1 et seq. (Law. Co-op 1981 & Supp.1994)). In relevant part, it was alleged:

"3. That on July 18, 1990, the...

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