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HANCOCK v. PLUTH

Gen. No. 68-73.

113 Ill. App.2d 432 (1969)

251 N.E.2d 400

John E. Hancock, Individually and as Administrator of the Estate of Margaret Sue Hancock, Deceased, Plaintiff-Appellant, v. Michael Pluth and James Miller, Defendants-Appellees.

Appellate Court of Illinois — Third District.

September 17, 1969.

Attorney(s) appearing for the Case

Kroesch and Davis and L. Park Davis, of Joliet, and Robert G. Johnston, of Chicago, for appellant.

Robson, Masters, Ryan, Brumund & Belom, and John J. McGarry, of Joliet (Sidney Z. Karasik, of Chicago, for appellees.

RYAN, J.

This is an appeal for an order granting the defendants' motion for summary judgment.

John E. Hancock and his wife, Margaret Sue Hancock, were riding on a hayrack pulled by a farm tractor owned by the defendant, Michael Pluth, and operated by the defendant, James Miller, on the night of September 4, 1966. The occasion was a hayride for which no payment was made. During the course of the ride the tractor

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