Hardesty v. Chicago, Rock Island & Pacific Railroad

Mr. PRESIDING JUSTICE ALLOY

delivered the opinion of the court:

Plaintiff Herman Hardesty sought relief pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 72) from an order of dismissal entered in a personal injury action filed by plaintiff Hardesty against Chicago, Rock Island and Pacific Railroad Company. The Circuit Court of Will County granted plaintiff’s section 72 petition by granting plaintiff leave to file an amended complaint in the personal injury action, and by denying defendant railroad’s motion to strike the section 72 petition. On appeal,…