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DUNKELBERGER v. HOPKINS

Gen. No. 49,343.

51 Ill. App.2d 205 (1964)

200 N.E.2d 905

Donna Dunkelberger, Plaintiff-Appellant, v. James W. Hopkins, et al., Trustees, Shirley Carter, Thad Niemira, Trustee, Under Trust No. 47716, Joe Leo, et al., Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied September 11, 1964.

Attorney(s) appearing for the Case

Herbert A. Ellis, Arthur A. Ellis and Morris W. Ellis, of Chicago (Morris W. Ellis, of counsel), for appellant.

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (John M. Moelmann, Oswell G. Treadway and Karl M. Tippet, of counsel), for appellee, Joe Leo. Heineke, Conklin & Schrader, of Chicago, for appellee, Shirley Carter. McKinley & Price, of Chicago, for appellees, Eric Hellman and Herbert Hellman.

MR. JUSTICE SULLIVAN delivered the opinion of the court.

Plaintiff brought this action to recover for injuries allegedly received when the car in which she was riding as a passenger was driven into a cement abutment. Liability was predicated on Article VI, section 14 of the Liquor Control Act (c 43, § 135, Ill Rev Stats 1955), commonly referred to as the Dram Shop Act.

At the close of plaintiff's case, each of the Dram Shop defendants made separate motions...

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