Opinion
Gen. No. 9,619. (Abstract of Decision.)
Opinion filed April 25, 1941 Rehearing denied June 24, 1941
NEGLIGENCE, § 138 — direction of verdict, spectators injured in "soap box derby." Where defendants sponsored a "soap box derby" for boys using home-made, momentum-propelled "automobiles," on a portion of the highway roped off for the event, and plaintiffs, who were spectators, were injured when one of the "automobiles" a struck a barricade and ran into them, verdict was improperly directed for defendants, as questions of negligence, contributory negligence and whether defendants sponsored and conducted the races were for the jury, and doctrine of assumption of the risk had no application because relation of master and servant did not exist between the parties.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Peoria county; Hon. HENRY J. INGRAM, presiding.
Reversed and remanded. Heard in this court at October term, 1940.
Johnson Potter, for appellants;
McGrath Copeland, for certain appellee;
Clarence W. Heyl, for certain other appellee;
Cassidy, Knoblock Sloan, for certain other appellee;
John F. Sloan, Jr., of counsel.
"Not to be published in full." Opinion filed April 25, 1941; rehearing denied June 24, 1941.