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HAMMER v. SLIVE

Gen. No. 11,394.

27 Ill. App.2d 196 (1960)

169 N.E.2d 400

Henry Hammer, Plaintiff-Appellee, v. Harry A. Slive and Albert Lewis, Copartners d/b/a Rockford Iron & Metal Co., and Charles Higgins, Defendants-Appellants.

Appellate Court of Illinois — Second District, First Division.

October 3, 1960.

Attorney(s) appearing for the Case

Johnson and McCalmont, and John E. Sype, all of Rockford, for appellants.

Miller, Thomas, Hickey, and Collins, of Rockford, for appellee.

SMITH, J.

Plaintiff recovered a money judgment of $50,000.00 on a jury's verdict finding the defendants guilty of negligently causing the carbon monoxide poisoning of plaintiff which resulted in his permanent disability. Post-trial motions were denied and defendants appeal. To reverse this judgment, defendants contend (a) that no actionable negligence was proven, (b) that plaintiff was guilty of contributory negligence, (c) that plaintiff assumed the risk, (d) that...

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