DYKES v. NORFOLK & WESTERN RY. CO.

No. 83-129.

123 Ill. App.3d 1 (1984)

462 N.E.2d 676

RALPH DYKES, Plaintiff-Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed March 23, 1984.


Attorney(s) appearing for the Case

Pope and Driemeyer, of Belleville (Karl D. Dexheimer and James P. Leonard, of counsel), for appellant.

Callis & Hartman, P.C., of Granite City (John T. Papa, of counsel), for appellee.


Judgment reversed.

JUSTICE JONES delivered the opinion of the court:

Plaintiff, Ralph Dykes, brought this action to recover damages from the defendant, Norfolk and Western Railway Company, for injury resulting to him from an alleged violation of the Federal Safety Appliance Act (Act) (45 U.S.C. sec. 1 et seq. (1970)). The plaintiff, who was injured when he attempted to set a hand brake on a locomotive engine upon which he was working, alleged that the...

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