Marquart v. Toledo, Peoria & Western Railroad

Plaintiff John Marquart, chief of the Kankakee Fire Department, brought this action to recover damages for personal injuries sustained in Crescent City, Illinois, while fighting fires which began when railroad cars containing liquified propane gas exploded and burned following the derailment of a train operated by defendant Toledo, Peoria & Western Railroad. The Circuit Court of Iroquois County denied defendant’s motion for summary judgment, and defendant was granted leave to appeal pursuant to Supreme Court Rule 308 (Ill. Rev. Stat., ch. 110A, § 308).

The issue on review is “whether a…