This section contains the nature of the case and procedural background.

McCormick (P) was killed when a truck operated by Kopmann (D) collided with P's car. P’s widow sued D and the Huls, the owners of the tavern where D had drunk before the collision. P alleged that D negligently drove his truck over the centerline and collided with P. P also sought damages under the Illinois Dram Shop Act; in that the Huls sold alcohol to P and rendered him intoxicated. D moved to dismiss the complaint in that the allegations of negligence and the Dram Shop Act violation were so contradictory as to be fatal. That motion was denied. The jury returned a verdict against D for $15,500 under negligence and found for the Huls under the Dram Shop Act. D appealed.

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