Opinion
Gen. No. 10,112. (Abstract of Decision.)
Opinion filed October 23, 1947 Released for publication November 10, 1947
INSTRUCTIONS, § 8 — argumentative instruction concerning plaintiff's contributory negligence prejudicial to defendants. In action for damages resulting from fall through allegedly unguarded open coal hole in public sidewalk located at prominent business intersection, instruction to jury that plaintiff's turning, while walking along street, to speak to someone immediately prior to fall was not necessarily contributory negligence was reversible error, as such instruction, detailing certain set of facts as not constituting negligence, was argumentative and prejudicial to defendants.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Lee county; the Hon. GEORGE C. DIXON, Judge, presiding.
Reversed and remanded. Heard in this court at the February term, 1947.
Vogel Bunge, for appellants;
Leslie H. Vogel and Forrest S. Blunk, of counsel;
Dixon, Devine, Bracken Dixon, for appellee;
Robert L. Bracken and J.C. Ryan, of counsel.
Not to be published in full. Opinion filed October 23, 1947; released for publication November 10, 1947.