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ANDREWS v. PORTER

Gen. Nos. 50,328, 50,329.

70 Ill. App.2d 202 (1966)

217 N.E.2d 305

Cleo Andrews, Administrator of the Estate of Charles Herman Andrews, Deceased, Plaintiff-Appellant, v. Thomas D. Porter, and City of Chicago, a Municipal Corporation, Defendant-Appellee. Elbert Fox, Plaintiff-Appellant, v. City of Chicago, a Municipal Corporation, Defendant-Appellee, and Patrick Price, et al., Defendants.

Appellate Court of Illinois — First District, Second Division.

May 3, 1966.

Attorney(s) appearing for the Case

Rogers, Strayhorn & Harth, of Chicago (Raymond E. Harth, of counsel), for appellants.

Raymond F. Simon, Corporation Counsel of the City of Chicago (Sydney R. Drebin and Allen Hartman, Assistant Corporation Counsel, of counsel), for appellee.

MR. JUSTICE LYONS delivered the opinion of the court.

These cases represent consolidated appeals from two judgments on the pleadings in favor of the City of Chicago.

In No. 50328 (Andrews, Administrator v. City of Chicago), Count One of the complaint is against a policeman, Thomas Porter, and alleges, in substance, that on August 1, 1960, defendant negligently shot and killed one Charles Andrews; that decedent was in the exercise of due care and caution; that...

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