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JOLLEY v. CHICAGO THOROUGHBRED ENTERPRISES, INC.

No. 66 C 929.

275 F.Supp. 325 (1967)

Dorothy JOLLEY, Plaintiff, v. CHICAGO THOROUGHBRED ENTERPRISES, INC., a corporation, Balmoral Jockey Club, Inc., a corporation, Hugh Grant, James Thompson, and James Ollie Kinnard, Defendants.

United States District Court N. D. Illinois, E. D.

November 6, 1967.

Attorney(s) appearing for the Case

John Cashion and Philip H. Corboy, Chicago, Ill., for plaintiff.

Arent Jacobsen, Francis J. Reilly, Chicago, Ill., for defendants, Chicago Thoroughbred Enterprises, Inc., Balmoral Jockey Club, Inc., James Thompson and James Ollie Kinnard.

Cornelius J. Harrington, Jr., of Kirkland, Ellis Hodson, Chaffetz & Masters, Chicago, Ill., for defendant, Hugh Grant.

MEMORANDUM AND ORDER

CAMPBELL, Chief Judge.

On plaintiff's motion to strike the affirmative defense of assumption of risk.

This is a somewhat unusual property damage action brought by the owner of a deceased thoroughbred race horse, "Adsum". "Adsum" died on May 20, 1965 as a result of injuries sustained that day in a collision with another thoroughbred race horse, "Jim Dooley". The collision occurred on the main course of the Arlington Park race...

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