Opinion
Gen. No. 10,024. (Abstract of Decision.)
Opinion filed July 11, 1945 Released for publication July 27, 1945
AUTOMOBILES AND MOTOR VEHICLES, § 143.3 — propriety of directed verdict in action for death of pedestrian. In action to recover for death of pedestrian who was struck from rear by automobile while walking on right side of village highway before dawn, where driver left scene of accident, and taxicab which was in operation in vicinity at time of accident was found later same day with damage to right front fender, hood, cowl, and windshield, but was not definitely identified as that involved in accident, and where plaintiff offered no proof that driver of said taxicab was employed by defendant company or that plaintiff's decedent was in the exercise of due care for his own safety, held verdict was properly directed for defendants at close of plaintiff's evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of DuPage county; the Hon. HARRY W. MCEWEN, Judge, presiding.
Judgment affirmed. Heard in this court at the February term, 1945.
Perry Elliott, for appellant;
Hadley Leren, for appellees;
Charles W. Hadley, of counsel.
Not to be published in full. Opinion filed July 11, 1945; released for publication July 27, 1945.