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HOESLY v. CHICAGO CENT. & PACIFIC R. CO.

No. 97-3920.

153 F.3d 478 (1998)

Donald L. HOESLY, Plaintiff-Appellant, v. CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1998.

Attorney(s) appearing for the Case

Robert M. Fagan (argued), Law Offices of Robert M. Fagan, Freeport, IL, Francis X. Mahoney, Mahoney & Hausser, Freeport, IL, for Plaintiff-Appellant.

Eugene G. Doherty (argued), Holmstrom & Kennedy, Rockford, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and BAUER and KANNE, Circuit Judges.

KANNE, Circuit Judge.

The Chicago, Central & Pacific Railroad ("Chicago Central") owns railroad tracks that run through a parking lot in Lena, Illinois. In September 1994, Chicago Central was repairing a portion of the tracks that intersects a pedestrian crosswalk. Chicago Central removed the blacktop surface of the crosswalk and the gravel and roadbed of the tracks, leaving piles of dirt and gravel on the crosswalk. The crosswalk remained in this condition for...

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