Summary
In Van Ulm v. Berrington, et al., 337 Ill. App. 291, plaintiff was not watching while walking and fell into a trap door from which the bright light of the basement shone.
Summary of this case from Coken v. PetersonOpinion
Gen. No. 44,618. (Abstract of Decision.)
Opinion filed April 4, 1949 Rehearing denied April 29, 1949 Released for publication May 17, 1949
NEGLIGENCE, §§ 95, 97 — evidence defeating liability of defendants. Evidence warranted conclusion that plaintiff in action for injuries sustained when she fell through open trapdoor located in aisle behind counter in defendants' tavern was a trespasser, or at most a licensee, on that portion of premises where accident happened and that accident happened with proximate and concurring negligence of plaintiff; hence defendants were not liable for plaintiff's injuries.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. ROSCOE C. SOUTH, Judge, presiding.
Reversed. Heard in the first division, first district, this court at the October term, 1948.
Vogel Bunge, for appellants;
L.H. Vogel, George C. Bunge and Robert L. Howard, of counsel;
John P. Burita, for appellees.
Not to be published in full. Opinion filed April 4, 1949; rehearing denied April 29, 1949; released for publication May 17, 1949;