Burke v. Piper's Super Service Stations

Full title: Winifred Burke, Appellee, v. Piper's Super Service Stations, Appellant

Court: Appellate Court of Illinois, First District

Date published: Jan 7, 1942

312 Ill. App. 656 (Ill. App. Ct. 1942)

38 N.E.2d 785

Opinion

Gen. No. 41,725. (Abstract of Decision.)

Opinion filed January 7, 1942 Rehearing denied January 22, 1942

NEGLIGENCE, § 27^_ — holding self out as gas station proprietor, liability for injury to invitee. Where the defendant company's name only appeared on a gas station and an invitee, expecting to step into a rest room, stepped into an open stairway in the dark and fell, to her injury, the defendant could not escape liability on the ground that another in fact operated and controlled the premises.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.

Judgment affirmed. Heard in third division, first district, this court at June term, 1941.

George C. Bliss and Abraham Lepine, for appellant;

Roderick N. Wyckoff and Werner W. Schroeder, for appellee.

Opinion by JUSTICE HEBEL.

"Not to be published in full." Opinion filed January 7, 1942; rehearing denied January 22, 1942.