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JACOBS v. UNION PACIFIC R. CO.

No. 5-96-0548.

683 N.E.2d 176 (1997)

291 Ill. App.3d 239

225 Ill.Dec. 232

Sheila JACOBS, Special Administratrix of the Estate of Gary L. Jacobs, Deceased; Benjamin Jacobs, a Minor, by and through his Mother and Next Friend, Sheila Jacobs; and Sheila Jacobs, Individually, Plaintiffs-Appellees, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

July 17, 1997.

Attorney(s) appearing for the Case

Thomas E. Jones, James C. Cook, John E. Sabo, Walker and Williams, P.C., Belleville, for Defendant-Appellant.

Patrick M. Young, J. Michael Weilmuenster, Kassly, Bone, Dix, Young, English & Weilmuenster, P.C., Belleville, for Plaintiffs-Appellees.

Justice MAAG delivered the opinion of the court:

The defendant, Union Pacific Railroad Company, appeals from a circuit court order granting a new trial to plaintiff under Rule 306(a)(1) (155 Ill.2d R. 306(a)(1)). We reverse.

In March 1992, Gary Jacobs and his minor son, Benjamin, were driving their pickup truck to market with a trailer of hogs in tow. Upon crossing a railroad grade intersection in Shelby County, the truck collided with defendant's train. Gary...

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