Wallace v. Smith

Plaintiffs appeal from orders dismissing their complaints for personal injuries against defendant Smith, and granting summary judgment in favor of defendant Dart Industries, Inc. On appeal, they contend that the court’s orders were erroneous.

The following facts appearing in the record are pertinent to the disposition of this appeal.

On November 30, 1973, plaintiffs filed a complaint alleging that on December 3, 1971, at or near 348 East 115th Street in Chicago, Mary O. Smith, while acting as agent, servant and/or with the permission and consent of Dart Industries, Inc., negligently caused…