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TAYLOR v. PLAIN

Gen. No. 11,575.

38 Ill. App.2d 159 (1962)

186 N.E.2d 544

Suzanne Taylor, Plaintiff-Appellant, v. Charles Plain, as Surviving Trustee Under the Last Will and Testament of John Plain, Deceased, et al., Defendants-Appellees.

Appellate Court of Illinois — Second District, First Division.

December 4, 1962.

Attorney(s) appearing for the Case

Baim & Baim, of Chicago (S. Jay Baim and Ezra L. D'Isa, of counsel), for appellant.

O'Brien, Burnell, Puckett & Barnett, of Aurora (W.C. O'Brien and J.H. Barnett, of counsel), for appellees.

SMITH, J.

Plaintiff sued to recover damages for injuries sustained when struck by a heavy door on business premises owned by the defendants and leased to others. The theory of the plaintiff was that the door and the entry way was a common way under the control of the defendants and that they negligently failed to inspect, maintain and keep it in repair. The tenants either were not sued or were dismissed out prior to trial. The trial court directed a verdict in favor...

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