Bean v. Missouri Pacific Railroad

This appeal arises out of litigation involving a truck-train collision at the intersection of U.S. Highway 51 and the Missouri Pacific Railroad Company’s (MoPac’s) railroad tracks located north of Pana, Illinois. Carl Bean, MoPac’s engineer, and Harold Albright, the driver of the truck owned by Goldmine Farms, Inc. (Goldmine), were killed in the accident.

On March 2, 1983, the estate of Carl Bean filed a three-count complaint in the circuit court of Madison County. Count I was brought pursuant to the Federal Employers’ Liability Act (FELA) (45 U.S.C. §51 et seq. (1982)), charging MoPac with…