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RODGERS v. MEYERS & SMITH, INC.

Gen. No. 49,775.

57 Ill. App.2d 200 (1965)

206 N.E.2d 845

Paul R. Rodgers, Plaintiff-Appellant, v. Meyers and Smith, Inc., a Corporation, and Wm. J. Magill, d/b/a Magill Plumbing and Heating Company, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

March 15, 1965.

Attorney(s) appearing for the Case

Michael H. Postilion, of Chicago (Fitzpatrick, Postilion, Zegiel & Heinemann and Arthur W. Sprague, of counsel), for appellant.

Levin & Upton, of Chicago (Roland C. Upton and Henry H. Caldwell, of counsel), for Wm. J. Magill, appellee.

MR. JUSTICE MURPHY delivered the opinion of the court.

This is an action for personal injuries received by plaintiff when the cover of a newly raised and reset sewer tipped as plaintiff walked over it. The defendants are the subcontractor, William J. Magill, and the general contractor, Meyers and Smith, Inc. The jury returned a $7,000 verdict against both defendants. The trial court entered judgments in favor of both defendants, notwithstanding the verdict. Plaintiff...

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