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THOMAS v. NORFOLK AND WESTERN RY. CO.

No. 5-93-0510.

639 N.E.2d 941 (1994)

266 Ill.App.3d 503

203 Ill.Dec. 382

Alva R. THOMAS, Plaintiff-Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, a corporation, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

August 25, 1994.

Attorney(s) appearing for the Case

Thompson & Mitchell, Karl D. Dexheimer, William J. Niehoff, Belleville, for appellant.

Lance Callis, Callis, Papa, Hale, Jensen, Jackstadt, Bailey & Halloran, Granite City, Jeanne Sathre, Edwardsville, for appellee.

Justice WELCH delivered the opinion of the court:

On December 30, 1991, Alva R. Thomas (plaintiff) filed in the circuit court of Madison County a one-count complaint against his employer, the Norfolk & Western Railway Company (defendant), alleging a violation of the Federal Safety Appliance Act ("Safety Appliance Act") (45 U.S.C.S. § 11 (Law. Co-op 1981 & Supp.1994)). Specifically, plaintiff alleged that on August 23, 1991:

"[He] was working...

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