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Hahn v. Union Pacific Railroad Co.

9/24/2004

umentary evidence in this case not highlighted here. However, such inconsistencies are matters that affect only the weight of the evidence, not its admissiblity, and are properly reserved for resolution by the jury. Mikus, 312 Ill. App. 3d at 27, 726 N.E.2d at 108; Mesick, 141 Ill. App. 3d at 205, 490 N.E.2d at 28. We find that the proximate causal relationship between Union Pacific's alleged negligence and Hahn's injury is supported by circumstantial evidence and the reasonable inferences that can be drawn from it. Therefore, the trial court erred in granting Union Pacific's motion for a summary judgment.


III. CONCLUSION


Accordingly, we reverse the trial court's judgment in favor of Union Pacific and remand this cause for further proceedings.


Reversed; cause remanded.


KUEHN and DONOVAN, JJ., concur.




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