Opinion
Gen. No. 44,295. (Abstract of Decision.)
Opinion filed March 29, 1948 Rehearing denied April 9, 1948 Released for publication April 9, 1948
INNS, RESTAURANTS AND LODGING HOUSES, § 20 — questions for jury in guest's action for personal injuries. In seventy-three year old guest's action against hotel company for injuries sustained when guest suffered burns from hot water and steam coming out of shower spout over bath tub, whether defendant was negligent and whether plaintiff was guilty of contributory negligence barring recovery were questions for jury, under evidence that hot water system in basement of hotel was under complete control of defendant, that such system had a thermostat control intended to keep hot water below 160 degrees Fahrenheit, and that at least on two occasions prior to day of accident defendant's engineer saw thermometer as high as 190 degrees.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JACOB BERKOWITZ, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the December term, 1947.
Winston, Strawn Shaw and Miller, Westervelt, Johnson Thomason, for appellant;
George B. Christensen, Gerard E. Grashorn, Edward J. Wendrow and Eugene R. Johnson, of counsel;
O'Brien, Hanrahan Keogh, for appellee;
Richard E. Keogh and John D. Pope, of counsel.
Not to be published in full. Opinion filed March 29, 1948; rehearing denied April 9, 1948; released for publication April 9, 1948.