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DALTON v. ALEXANDER

Gen. No. 10,061.

10 Ill. App.2d 273 (1956)

135 N.E.2d 101

Freeman A. Dalton, Eleanor M. Dalton, Lon Dean Dalton, a Minor, by Freeman A. Dalton, His Father and Next Friend, and Linda Jean Dalton, a Minor, by Freeman A. Dalton, Her Father and Next Friend, and Linox Welding Supply Company, Plaintiffs-Appellees, v. John C. Alexander, H.R. Alexander, and Service Motor Corporation, Defendants-Appellants.

Appellate Court of Illinois — Third District.

Rehearing denied June 18, 1956.

Released for publication June 18, 1956.

Attorney(s) appearing for the Case

Earl S. Hodges, of Springfield, and McLeod, Donahue & Colwin, of Fond du Lac, Wisconsin, for defendants-appellants; Duane L. Traynor, of Springfield, of counsel.

Livingstone, Mueller, Drake and Davlin, of Springfield, and Giachini, Ley and Cross, of Chicago, for plaintiffs-appellees.

JUDGE CARROLL delivered the opinion of the court.

This is an action to recover for personal injuries and property damage resulting from an automobile collision which plaintiffs allege was caused by the neglect and wilful and wanton misconduct of the defendant, John C. Alexander.

The accident occurred on April 13, 1953. On April 12, 1955, the complaint was filed and on the same date summons returnable May 16, 1955 was personally served upon John C. Alexander...

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