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BARNES v. WASHINGTON

No. 53245.

4 Ill. App.3d 513 (1972)

281 N.E.2d 380

REBECCA BARNES, Conservator of the Estate of JESSIE BARNES, Incompetent, Plaintiff-Appellant, v. EDWARD WASHINGTON, d/b/a BEA & ED'S TAVERN et al., Defendants — (ILLINOIS CENTRAL RAILROAD COMPANY, a Corporation, Defendant-Appellee.)

Appellate Court of Illinois — First District.

Rehearing denied April 6, 1972.

Attorney(s) appearing for the Case

Heller & Morris and Jerome H. Torshen, LTD., both of Chicago for appellant.

Lawrence Lawless, Thomas J. Healey, and Patrick F. Healy, Jr., all of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Jessie Barnes, an incompetent, by his conservator, appeals from a summary judgment entered in the Circuit Court in favor of defendant, Illinois Central Railroad Company. The conservator filed a dram shop action against certain defenders for personal injuries sustained by the incompetent. The complaint alleged that Barnes (hereinafter called plaintiff) had been mentally incompetent...

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