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HAMILTON v. ATCH., TOP. & SANTA FE RY. CO.

No. 3-87-0670.

175 Ill. App.3d 758 (1988)

530 N.E.2d 268

SHIRLEY HAMILTON, Indiv. and as Special Adm'r of the Estate of Mary Hamilton, Deceased, Plaintiff-Appellant, v. THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Defendant-Appellee (The Village of Romeoville et al., Defendants).

Appellate Court of Illinois — Third District.

Opinion filed November 3, 1988.

Attorney(s) appearing for the Case

Robert E. Haney and Nat P. Ozmon, both of Anesi, Ozmon, Lewin & Associates, Ltd., of Chicago (David Jeffrey Comeau, of counsel), for appellant.

Jane A. Zimmerman and Max Wildman, both of Wildman, Harrold, Allen & Dixon, of Chicago (Joel W. Rice, of counsel), for appellee.

Judgment affirmed.

JUSTICE HEIPLE delivered the opinion of the court:

On July 28, 1981, plaintiff's decedent, Mary Hamilton, was one of four passengers in a car driven by Jesse Gomez. The group had been at a drive-in theater, but left around midnight when it began to rain. They stopped at a railroad crossing owned and maintained by the defendant, the Atchison, Topeka, & Santa Fe Railway Company, because the crossing gates were lowered and the signals were...

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