White v. Stenson Brewing Co.

Full title: Chester P. White, Appellee, v. Stenson Brewing Company and John Scarmeas…

Court: Appellate Court of Illinois, Chicago, First District

Date published: Apr 3, 1944

322 Ill. App. 181 (Ill. App. Ct. 1944)

54 N.E.2d 79

Opinion

Gen. No. 42,859. (Abstract of Decision.)

Opinion filed April 3, 1944

WORKMEN'S COMPENSATION, § 188^_ — exclusiveness of remedy under act. In action for personal injuries incurred when plaintiff, a cosmetic salesman, entered tavern to call prospective customer by phone and fell in trap door left open by employee of defendant brewing company delivering beer to tavern, trial court erred in refusing to permit filing of additional plea by defendant after plaintiff rested, to effect that action was not maintainable since plaintiff should have filed claim under Workmen's Compensation Act, he and his employer being under act.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. JOHN C. LEWE, Judge, presiding.

Reversed and remanded. Heard in the first division, first district, this court at the October term, 1943.

James J. McKenna, for appellant;

Jeremiah Buckley, of counsel;

Royal W. Irwin, for appellee.

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed April 3, 1944.