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SIMMONS v. HENDRICKS

Gen. No. 49,171.

47 Ill. App.2d 195 (1964)

197 N.E.2d 766

Lucille Simmons, et al., Minors, by Lucille Simmons, Their Mother and Next Friend, and Leroy Simmons, Plaintiffs-Appellants, v. James J. Hendricks, d/b/a Jim's Tavern, James J. Hendricks, et al., Sued Herein as Ted Doganis, d/b/a Friendly Corner Tavern, Friendly Corner, Inc., an Illinois Corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

March 30, 1964.

Attorney(s) appearing for the Case

Samuel Nineberg, of Chicago, for appellants.

Meyers & Matthias, and James J. Gaughan, of Chicago (James M. Redding and John L. Spalding, of counsel), for appellees.

MR. JUSTICE BURMAN delivered the opinion of the court.

On August 12, 1960, Lucille Simmons, the wife of Leroy Simmons, and their four minor children filed a dramshop action seeking recovery for loss of support alleging that Leroy Simmons was incarcerated for killing a man as a result of becoming intoxicated in the two taverns of the defendants. Plaintiff's second amended complaint filed on November 27, 1962, and the third amended complaint filed on February 4,

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