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eBook details

• Title: Housewright v. City of Laharpe
• Author : Supreme Court of Illinois
• Release Date : January 30, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Plaintiffs, Richard Housewright, Donald Housewright and M.O. Housewright, partners doing business under the name of Housewright
Soil Service, and Richard Housewright, individually, appeal from the judgment of the circuit court of Hancock County entered
upon allowance of the defendants' motion to dismiss their third amended complaint. In this action plaintiff Richard Housewright
seeks to recover damages for personal injuries suffered, and the partnership seeks to recover for damages to a truck owned
by the partnership and being driven by Richard Housewright, as the result of a collision between the truck and an automobile
owned by the defendant City of LaHarpe, and being driven by the defendant Max Klinedinst, the city marshal. Counts I through IV name both the city and Klinedinst as defendants on the theory that at the time of the collision Klinedinst
was acting within the scope of his employment as marshal. Counts V through VIII are directed only against Klinedinst on the
theory that at the time of the collision he was not acting within the scope of his employment. The partnership is the plaintiff
in counts I and V which charge negligence and in counts III and VII which charge willful and wanton misconduct. Richard Housewright
is the plaintiff in counts II and VI which charge negligence and in counts IV and VIII which charge willful and wanton misconduct.

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