FRIESTEDT v. CHICAGO TRANSIT AUTHORITY

Gen. No. 53,855.

129 Ill. App.2d 153 (1970)

262 N.E.2d 771

Luther Friestedt, Plaintiff-Appellant, v. Chicago Transit Authority, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

September 18, 1970.


Attorney(s) appearing for the Case

Alan E. Morrill and Robert A. Sprecher, of Chicago (Morrill, Koutsky, Klomann & Chuhak, and Crowley, Sprecher, Barrett & Karaba, of counsel), for appellant.

George J. Schaller, O.R. Hamlink, Jerome F. Dixon, and Edmund J. Burke, of Chicago, for appellee.


TRAPP, J.

At a bench trial upon a complaint for personal injuries, the court found for the defendant at the close of plaintiff's evidence. Plaintiff appeals, urging that the court erroneously interpreted the allegations of the complaint and erroneously denied motions to amend the complaint prior to trial and subsequently to conform to the proof.

The complaint alleged that the defendant owned and maintained, "... a certain Elevated Station ...," and undertook...

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