Maierhofer v. Gerhardt

This case was dismissed for want of prosecution by the Circuit Court of Lake County at the annual call of the common law docket. Plaintiff’s petition under the provisions of Sec. 72 of the Civil Practice Act (Ill. Rev. Stat. 1959, Chapt. 110, Sec. 72) was allowed, the order of dismissal vacated, and the cause re-instated and set for trial. We review this record on the defendant’s appeal from the order of re-instatement.

Plaintiff filed his suit on Sept. 9, 1953 to recover damages for injuries sustained in a fall from a porch on premises leased by him from the defendant. Issue was joined by…