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SCHEFFKI v. C., M., ST. P. & P. RR. CO.

No. 53961.

1 Ill. App.3d 557 (1971)

274 N.E.2d 631

DONALD SCHEFFKI, Plaintiff-Appellee, v. THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Defendant-Appellant.

Appellate Court of Illinois — First District.

August 31, 1971.

Attorney(s) appearing for the Case

Reedy, McDonnel & Summers, of Chicago, (Thomas J. McDonnell, of counsel,) for appellant.

Harold A. Liebenson and Harry J. Director, of Chicago, for appellee.

Order and judgment affirmed.

Mr. PRESIDING JUSTICE LEIGHTON delivered the opinion of the court:

This appeal is from an order which set aside a release and from an $85,000 judgment entered against the defendant. Two issues are presented. 1. Whether the evidence supports the order. 2. Whether the jury was properly instructed concerning the law regarding trespassers. A summary of the facts is necessary for an understanding of the issues.

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