Legal Opinion

Town of City of Champaign v. Overmeyer's Inc.

Appellate Court of Illinois

Decided October 3, 1958No. Gen. 10,179PublishedCited by 6 opinions

1Opinion of the Court

PRESIDING JUSTICE ROETH

delivered the opinion of the court.

The question involved in this appeal is a narrow and limited one. It is so conceded by both parties.

The plaintiff is a township. It commenced an action under the 1955 Amendment of the Dramshop Act, Ill. Rev. Stat. 1955, Chap. 43, Section 135, against the defendant dramshop keeper claiming that it was injured in its property.

The defendant filed a motion to dismiss, assigning as the sole and only ground for dismissal the following:

“The Town of the City of Champaign is not a proper plaintiff within the purview of the Illinois Dramshop…

2Cases cited5 opinions

  1. McLaughlin v. the PeopleIllinois Supreme Court · 1949
  2. Economy Auto Insurance v. BrownAppellate Court of Illinois · 1948
  3. New Amsterdam Casualty Co. v. GerinAppellate Court of Illinois · 1956
  4. Eager v. NathanAppellate Court of Illinois · 1957
  5. Towers v. SchullAppellate Court of Illinois · 1954

3Cited by6 opinions

  1. Dworak v. TempelIllinois Supreme Court · 1959
  2. Village of Brooten, a Municipal Corporation v. Cudahy Packing Company, a Corporation, and the Travelers Indemnity Company, a CorporationCourt of Appeals for the Eighth Circuit · 1961
  3. Colorado Civil Rights Commission Ex Rel. Ramos v. Regents of the University of ColoradoSupreme Court of Colorado · 1988
  4. Yu v. ClaytonAppellate Court of Illinois · 1986
  5. People v. RubergAppellate Court of Illinois · 1979

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