Downs v. Exchange National Bank of Chicago

This appeal involves an interpretation of section 43(2) of rule 1 of the Rules of the Municipal Court of Chicago, which is identical with section 43(2) of the Civil Practice Act (Ill. Rev. Stat. chap. 110, sec. 43(2)) permitting pleading in the alternative.

The case originated in an accident to the decedent, Lorraine Tharpe, who on December 12,1957, was a tenant in the premises owned by the defendants in the City of Chicago. While walking up the front stairway to the second floor she fell and sustained injuries. She died on February 17, 1958. The instant suit was filed by Thomas J. Downs, as…