Rusher v. Smith

70 Ill. App.3d 889 (1979)

388 N.E.2d 906

JAMES W. RUSHER, Adm'r of the Estate of Donald J. Rusher, Deceased, Plaintiff-Appellee,

v.

STEPHEN R. SMITH et al., Defendants-Appellants.

No. 78-280.

Illinois Appellate Court — Fifth District.

Opinion filed March 27, 1979.

John E. Gambill, of Rantoul, for appellant Stephen R. Smith.

Elmer Jenkins and William G. Eovaldi, both of Benton, for appellee.

Affirmed in part, and reversed in part and remanded.

This action was initiated in the Circuit Court of Franklin County by James W. Rusher as administrator of the estate of Donald J. Rusher, deceased, against Stephen…