Jolley v. Chicago Thoroughbred Enterprises, Inc.

MEMORANDUM AND ORDER

CAMPBELL, Chief Judge.

On plaintiff’s motion to strike the affirmative defense of assumptipn of risk.

This is a somewhat unusual property damage action brought by the owner of .a deceased thoroughbred race horse, “Ad-sum”. “Adsum” died on May 20, 1965 .as a result of injuries sustained that day in a collision with another thoroughbred race horse, “Jim Dooley”. The collision ■occurred on the main course of the Arlington Park race track during the morning exercise period. Some 10-13 seconds before the collision, “Jim Dooley” along with another horse, “Bailed Out” was released…