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LUBBERS v. NORFOLK & WESTERN RY. CO.

No. 59408.

105 Ill.2d 201 (1984)

473 N.E.2d 955

DELBERT LUBBERS, Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Appellant.

Supreme Court of Illinois.

Rehearing denied February 1, 1985.

Attorney(s) appearing for the Case

Nicholas J. Neiers and John E. Fick, of Samuels, Miller, Schroeder, Jackson & Sly, of Decatur, for appellant.

Robert D. Owen, Marshall A. Susler and Linda M. Castleman, of Owen, Roberts & Susler, Ltd., of Decatur, for appellee.

Affirmed and remanded.

JUSTICE SIMON delivered the opinion of the court:

On July 20, 1977, Delbert Lubbers drove a grain truck through flashing signal lights at a railroad crossing and collided with a Norfolk & Western train. The train's engineer was killed, Lubbers and the train's brakeman suffered severe injuries, and the truck was destroyed and the train damaged. Lubbers filed suit in the circuit court of...

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