Klopp v. Benevolent Protective Order

This appeal seeks to reverse a judgment in the sum of $2,500 entered by the circuit court of McLean county against the defendant appellant, Benevolent Protective Order of Elks, Lodge No. 281, a nonprofit corporation, in an action brought by the plaintiff, Earle J. Klopp, under the Dram Shop Act (sec. 135, ch. 43, Ill. Rev. Stat. 1939 [Jones Ill. Stats. Ann. 68.042]) for damages arising out of injuries sustained by him.

The case was tried upon its merits by the court without a jury. No evidence was offered by the defendant. At the conclusion of the evidence, defendant moved to dismiss the suit,…