Opinion
Term No. 45M3.
Opinion filed October 26, 1945 Released for publication November 27, 1945
NEGLIGENCE, § 105 — negligence, proximate cause and due care as questions of fact for jury determination. Negligence, proximate cause, and due care are all questions of fact for jury to determine, and it is not for courts to take questions from it and declare if certain facts exist, negligence is established, or that certain result is proximately caused by negligence, or that certain facts do or do not constitute due care.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Madison county; the Hon. D. H. MUDGE, Judge, presiding.
Reversed and remanded. Heard in this court at the May term, 1945.
Green Hoagland, for appellant;
Kenneth F. Kelly, of counsel;
Harold J. Bandy and Ogle E. Veach, for appellee.
Not to be published in full. Opinion filed October 26, 1945; released for publication November 27, 1945.