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MOORE v. NORTH CHICAGO REFINERS & SMELTERS, INC.

Gen. No. 10,579.

346 Ill. App. 530 (1952)

105 N.E.2d 553

James P. Moore, Administrator of Estate of Paul Naleway, Deceased, and Administrator of Estate of Sharon Gesky, Deceased, Plaintiff-Appellee, v. North Chicago Refiners and Smelters, Inc., Defendant-Appellee.

Appellate Court of Illinois.

Rehearing denied May 7, 1952.

Released for publication May 7, 1952.

Attorney(s) appearing for the Case

JAMES MOORE, of Waukegan, for appellant.

HALL, MEYER & VAN DEUSEN, of Waukegan, for appellee; LLOYD A. VAN DEUSEN, of Waukegan, of counsel.

MR. JUSTICE WOLFE delivered the opinion of the court.

On Sunday, August 13, 1950, Paul Naleway and Sharon Gesky both aged four years, were drowned in a pond of water on the property of the defendant, North Chicago Refiners and Smelters, Inc. A suit was brought under the wrongful death statute to recover damages. The suit was started in the circuit court of Lake county. A hearing was before a jury. At the conclusion of the evidence offered on behalf of the plaintiff...

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