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HAMAS v. PAYNE

Gen. No. 68-94.

107 Ill. App.2d 316 (1969)

246 N.E.2d 1

Albert F. Hamas, Plaintiff-Appellee, v. Robert Payne, Defendant, and Harvey G. Hill, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied April 17, 1969.

Attorney(s) appearing for the Case

Dixon, Devine, Ray and Morin, of Dixon, for appellant.

Peter F. Ferracuti, of Ottawa, for appellee.

PRESIDING JUSTICE MORAN delivered the opinion of the court.

Harvey G. Hill, codefendant, appeals from a judgment for damages against him and also from an order granting the plaintiff, Albert F. Hamas, a new trial on the issue of damages only. The defendant appeals from the latter part without leave of court.

A two-count complaint was filed, one count charging the codefendant, Robert Payne, with negligence, and the other count charging the defendant with wilful...

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