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STEWART v. D & R WELDING SUPPLY CO.

No. 14201.

51 Ill. App.3d 597 (1977)

366 N.E.2d 1107

JAMES M. STEWART, Plaintiff-Appellant, v. D & R WELDING SUPPLY CO. et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed August 15, 1977.

Attorney(s) appearing for the Case

Vernon H. Houchen, of Monroe, Wilson, Dyar, Houchen, McDonald & Taylor, of Decatur, for appellant.

Michael J. Kehart, of Welsh, Kehart & Shafter, of Decatur, for appellee Kerry Trimby.

Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

This case concerns a suit by a softball umpire against a player for injuries incurred between innings of a game when a 3 lb. bat ring flew off a bat with which the player was taking practice swings and hit the umpire. The suit was brought in the Circuit Court of Macon County by plaintiff James M. Stewart, the umpire, against defendants Kerry Trimby, the player, and D & R Welding...

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