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SCOTT v. HERNON

No. 53000.

3 Ill. App.3d 172 (1971)

278 N.E.2d 259

THOMAS SCOTT, Plaintiff-Appellee, v. JAMES HERNON et al., Defendants, — (THE CITY OF CHICAGO, Defendant-Appellant.)

Appellate Court of Illinois — First District.

Rehearing denied February 8, 1972.

Attorney(s) appearing for the Case

Richard L. Curry, Corporation Counsel, of Chicago, (Marvin E. Aspen and Henry N. Novoselsky, of counsel,) for appellant.

John D. Hayes and Martin A. Smith, both of Chicago, for appellees.

Affirmed in part, and reversed and remanded in part.

Mr. JUSTICE DRUCKER delivered the opinion of the court:

This is an action to recover damages for personal injuries suffered by plaintiff arising out of an automobile collision on April 6, 1962, between a cab driven by plaintiff, and defendant, James J. Hernon (hereafter "Hernon"). The defendant, City of Chicago (hereafter "City"), was joined in the suit based upon a defect or defects located in the street...

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