Opinion
Gen. No. 42,732. (Abstract of Decision.)
Opinion filed May 18, 1945 Rehearing denied June 8, 1945 Released for publication June 8, 1945
NEGLIGENCE, § 19 — liability of race track owner for injury to horse leaving track during race. In action for loss of race horse as result of injuries sustained when, after unseating rider upon being jostled by another horse in same race, plaintiff's horse jumped over low hedge at edge of turf course, on which race was being run, and ran about infield until he collided with temporary wire fence therein, erected to accommodate holiday crowd in infield a few days previously, held that defendant race track owner's duty to plaintiff to safeguard horse during race extended only to safety of racing course and not to other grounds where horses were not expected to run and where injury to them could not be reasonably anticipated.
See Callaghan's Illinois Digest, same topic and section number.
KILEY, J., dissenting.
Appeal from the Superior Court of Cook county; the Hon. MICHAEL L. MCKINLEY, Judge, presiding.
Affirmed. Heard in the third division, first district, this court at the June term, 1943.
Charles J. Michal and Charles C. Richard M. Spencer, for appellants;
Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellee;
Herbert M. Lautmann, Ben I. Greenebaum, Jr., and Isaac E. Ferguson, of counsel.
Not to be published in full. Opinion filed May 18, 1945; rehearing denied June 8, 1945; released for publication June 8, 1945.