Harms v. Lee County Fair Ass'n, 209 Ill. App. 103 (1918)

Feb. 12, 1918 · Illinois Appellate Court · Gen. No. 6,485
209 Ill. App. 103
John Harms, Administrator, Appellant, v. Lee County Fair Association, Appellee

John Harms, Administrator, Appellant, v. Lee County Fair Association, Appellee.

Gen. No. 6,485. (Not to be reported in full.)

Appeal from the Circuit Court of Lee county; the Hon. Richabd S. Fakkand, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed.

Opinion filed February 12, 1918.

Statement of the Case.

Action by John Harms, administrator of the estate of Albert Harms, deceased, plaintiff, against Lee County Fair Association, defendant, to recover damages for personal injuries resulting in death of plaintiff’s intestate received while he was observing a motorcyclist riding in a motordome at defendant’s fair. From a judgment for defendant for costs, plaintiff appeals.

J. J. Ludens, for appellant.

William L. Leech and Clyde Smith, for appellee.

Mr. Justice Niehaus

delivered the opinion of the court.

*104Abstract of the Decision.

Theatebs and shows, § 4 * '—when death of spectator at motor-dome is shown not to be due to negligence. In an action to recover for the death of a spectator of motorcycling in defendant fair association’s motordome, due to a motorcycle rider being precipitated over the guardrail while deceased was standing on a walk at the top of the motordome at a place not reserved for spectators, evidence held insufficient to show that the motordome or motorcycle were defective or that the driver was incompetent, and that the death of deceased was not due to any negligence of defendant, there being evidence that some cigar ashes fell into the pit and got into the driver’s eyes, causing him to lose control over the machine and to be hurled from it, causing the injuries.