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CLARK v. INDUSTRIAL COM.

No. 45450.

54 Ill.2d 311 (1973)

297 N.E.2d 154

MAX CLARK et al., Appellants, v. THE INDUSTRIAL COMMISSION et al. — (James Nichols, Appellee.)

Supreme Court of Illinois.

Opinion filed June 4, 1973.

Attorney(s) appearing for the Case

VAN DUZER, GERSHON, JORDAN & PETERSON, and MEHLMAN, SPITZER, ADDIS TICHO & SUSMAN, both of Chicago (JOHN B. VAN DUZER, HORACE W. JORDAN and JEROME D. SPITZER, of counsel), for appellants.

CAREY, FILTER & WHITE, of Chicago (EDWARD M. WHITE and EDMUND P. BOLAND, of counsel), for appellee.

Reversed and remanded.

MR. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

On September 7, 1963, the claimant, James D. Nichols, a professional jockey, was injured when he was thrown from the horse he was riding in the Arlington Park Futurity. After a hearing before an arbitrator for the Industrial Commission, his claim for workmen's compensation benefits against the trainer and owners of the horse was denied on the grounds that an employer-employee...

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