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MITCHELL v. TOLEDO, PEORIA & WESTERN R.R. CO.

No. 71-7.

4 Ill. App.3d 1 (1972)

279 N.E.2d 782

CLARENCE E. MITCHELL, Plaintiff-Appellee, v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Third District.

March 2, 1972.

Attorney(s) appearing for the Case

Cassidy & Cassidy, of Peoria, (David Mueller, of counsel,) for appellant.

Stamm & Makovic, of East Peoria, (W.L. Stamm, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE DIXON delivered the opinion of the court:

This is a personal injury action under the Federal Employers' Liability Act. The plaintiff was injured when hit in the head by a flying piece of wood while he was coupling railroad cars on the defendant's depot siding at Fairbury, Illinois. He filed a complaint alleging, in Count I, that he was injured by reason the coupling mechanism's being defective and therefore in violation of the...

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