Jolley v. Chicago Thoroughbred Enterprises, Inc.

1 Citing case

  1. Duffy v. Midlothian Country Club

    92 Ill. App. 3d 193 (Ill. App. Ct. 1980)   Cited 24 times
    Reversing summary judgment to defendant golf club and golf association finding material questions of fact existed as to whether defendants fulfilled their duty to plaintiff and whether defendants' acts or omissions were the proximate cause of plaintiff's injury

    Defendants, in support of their motion, relied on Campion v. Chicago Landscape Co. (1938), 295 Ill. App. 225, 14 N.E.2d 879, which held that the doctrine of assumed risk was not limited to the relation of master and servant. We note that in Jolley v. Chicago Thoroughbred Enterprises, Inc. (N.D. Ill. 1967), 275 F. Supp. 325, the district court analyzed appellate decisions in Illinois since Campion and concluded that the dicta in that case has not been treated favorably subsequently. See Maytnier v. Rush (1967), 80 Ill. App.2d 336, 225 N.E.2d 83, where the court stated that the ruling in Campion must be afforded little weight as its holding was obiter dictum.