McDONALD v. RISCH

No. 41188.

41 Ill.2d 242 (1968)

242 N.E.2d 245

JOHN McDONALD, Appellee, v. CHARLES S. RISCH et al. — (Park Knight's Club, Inc., Appellant.)

Supreme Court of Illinois.

Opinion filed November 22, 1968.


Attorney(s) appearing for the Case

KLOCKAU, McCARTHY, SCHUBERT, LOUSBERT & ELLISON, of Rock Island, (ROBERT L. ELLISON, of counsel,) for appellant.

ROSZKOWSKI and PADDOCK, of Rockford, (STANLEY J. ROSZKOWSKI, of counsel,) for appellee.


Judgment reversed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The principal question presented by this appeal is whether a tavern operator can be held liable in a "by" theory under the Illinois Liquor Control Act for "an injury resulting from the direct affirmative act of an intoxicated person" (Hernandez v. Diaz, 31 Ill.2d 393, 397) when the act of the intoxicated person is not tortious.

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