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HERNANDEZ v. DIAZ

No. 38428.

31 Ill.2d 393 (1964)

202 N.E.2d 9

JOHN HERNANDEZ, Appellant, v. DOMINGO DIAZ et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 23, 1964.

Attorney(s) appearing for the Case

SCHEFRES, ALLEN & HODES, of Chicago, (SHELDON HODES and ALAN J. SCHEFRES, of counsel,) for appellant.

HEINEKE, CONKLIN & SCHRADER, BRODY & GORE, and McKINLEY & PRICE, all of Chicago, (WILLIAM H. SCHRADER, ROBERT L. BRODY and LOUIS DENNEN, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE SOLFISBURG delivered the opinion of the court:

In September, 1956 while John Hernandez, the plaintiff, was seated in a Chicago bar, four intoxicated men unknown to him entered, purchased drinks, and became rowdy and offensive. John Brown, the guard hired by the tavern owner, asked the four intoxicated men to leave but instead they became threatening and the guard pulled out his revolver, and in the scuffle that followed a...

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