Coleman v. Ashland Catering Co., 199 Ill. App. 398 (1916)

May 1, 1916 · Illinois Appellate Court · Gen. No. 22,019
199 Ill. App. 398

Edna Coleman, Appellee, v. Ashland Catering Company, Appellant.

Gen. No. 22,019.

(Not to he reported in full.)

Abstract of the Decision.

Negligence, § 46 * —when principal not Haile for negligence of independent contractor. In an action to recover for personal injuries, evidence examined and held to show that the injury complained of was caused by the negligence of an independent contractor or his servants for which defendant was not legally responsible.

Appeal from the Superior Court of Cook county; the Hon. Edwabd M. Mangan, Judge, presiding. Heard in this court at the October term, 1915.

Reversed with finding of fact.

Opinion filed May 1, 1916.

Statement of the Case.

Action on the case for personal injuries by Edna Coleman, plaintiff, against Ashland Catering Company, a corporation, and William M. Walker, defendants. From a judgment of $5,000 against Ashland Catering Company entered upon the verdict of a jury, it appeals.

The suit was dismissed as to Walker, with whom plaintiff had settled for $1,000, Walker taking a covenant from plaintiff not to sue in consideration of the $1,000.

Mayer, Meyer, Austrian & Platt, for appellant.

Munson T. Case, for appellee.

Mr. Justice Holdom

delivered the opinion of the court.