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THATCH v. MISSOURI PACIFIC R.R. CO.

No. 75-206.

47 Ill. App.3d 980 (1977)

362 N.E.2d 1064

WILLIAM THATCH, Plaintiff-Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Supplemental opinion filed on denial of rehearing May 20, 1977.

Attorney(s) appearing for the Case

David Stutsman, of Walker & Williams, of Belleville, for appellant.

Cohn, Carr, Korein, Kunin and Drennan, of East St. Louis (Rex Carr, of counsel), for appellee.

Reversed and remanded.

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

This is an appeal by the Missouri Pacific Railroad Company, defendant-appellant, from a judgment entered on a jury verdict in the Circuit Court, St. Clair County, in favor of plaintiff-appellee, William Thatch, in the amount of $249,200. Defendant contends that: (1) the issue of plaintiff's contributory negligence was a question of fact to be determined by the jury, and...

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