Opinion
Gen. No. 42,352. (Abstract of Decision.)
Opinion filed March 22, 1943 Rehearing denied April 5, 1943
NEGLIGENCE, § 96 — when finding of hotel's negligence as to third person's employee is not against manifest weight of evidence. In action to recover damages claimed to have been sustained on account of defendant hotel's negligence, where it appeared that plaintiff salesman employed by company selling device for cleaning out stoppage in drains and sewers was injured in attempting to clean out clogged pipe in defendant hotel, finding that plaintiff was in exercise of due care for his own safety, and that defendant was guilty of negligence which proximately caused injury, held not against manifest weight of evidence.
See Callaghan's Illinois Digest, same topic and section number.
McSURELY, J., dissents.
Appeal from Municipal Court of Chicago; Hon. LAMBERT K. HAYES, presiding.
Judgment affirmed. Heard in first division, first district, this court at October term, 1942.
Samuel Levin and Stanley Watson, for appellant;
Levinson Rosenfeld, for appellee;
Louis Rosenfeld, of counsel.
"Not to be published in full." Opinion filed March 22, 1943; rehearing denied April 5, 1943.