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HURLEY v. PHILLIPS

Gen. No. 49,857.

54 Ill. App.2d 386 (1964)

203 N.E.2d 431

Clory May Hurley and Betty Lee Maxwell, Plaintiffs-Appellants, v. Cyprian Phillips, d/b/a Zips Liquors, Defendant-Appellee.

Appellate Court of Illinois — First District, Third Division.

December 31, 1964.

Attorney(s) appearing for the Case

Marvin A. Marder and Harold A. Liebenson, of Chicago (Harold A. Liebenson and Marvin A. Marder, of counsel), for appellants.

Heineke, Conklin & Schrader, of Chicago (William H. Schrader and Edwin A. Strugala, of counsel), for appellee.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

This is an appeal from a judgment on a verdict directed by the court in favor of defendant in a dramshop case. The issue involved is whether the principle of judicial admission may be applied against plaintiffs.

Plaintiffs were passengers in an automobile driven by one Burdell Cody. An accident occurred as the result of Cody's driving the car into the concrete abutment of a viaduct, and plaintiffs...

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