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KENNEY v. CHURCHILL TRUCK LINES, INC.

No. 11418.

6 Ill. App.3d 983 (1972)

286 N.E.2d 619

CHARLES M. KENNEY, Admr. of the Estate of Harold E. Vanderpool, Deceased, et al., Plaintiffs and Counterdefendants-Appellants, v. CHURCHILL TRUCK LINES, INC., Defendant and Counterclaimant-Appellee — (JOHN E. STUART et al., Defendants and Counterdefendants-Appellants.)

Appellate Court of Illinois — Fourth District.

Modified upon denial of rehearing September 7, 1972.

Attorney(s) appearing for the Case

Sorling, Catron and Hardin, of Springfield, (George W. Cullen and Patrick V. Reilly, of counsel,) for appellants.

Giffin, Winning, Lindner, Newkirk & Cohen, of Springfield, (Alfred F. Newkirk, of counsel,) for appellee.

Graham & Graham, of Springfield, for John E. Stuart, Terry Curtis, and A.J. Curtis Co.

Affirmed in part, reversed in part, and remanded.

OPINION MODIFIED UPON DENIAL OF PETITION FOR REHEARING

Mr. JUSTICE MILLS delivered the opinion of the court:

On a rainy night in August at about 4:00 o'clock A.M. on U.S. Route 36-54 in Scott County, a few hundred feet west of its junction with Illinois Route 100, two tractor-trailer units collided. One of the drivers was killed and both rigs were demolished.

Although there was conflicting...

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