Opinion
Gen. No. 43,828. (Abstract of Decision.)
Opinion filed June 4, 1947 Rehearing opinion filed November 19, 1947 Modified and rehearing denied January 6, 1948 Released for publication January 6, 1948
AUTOMOBILES AND MOTOR VEHICLES, § 143.6 — peremptory instruction, omission of element of proximate cause in its hypothesis as prejudicial error. Trial court committed prejudicial error in giving peremptory instruction which failed to include element of proximate cause in its hypothesis precluding plaintiff from recovering because of decedent's contributory negligence and which imposed on decedent requirement of avoiding injury, in action under Injuries Act arising out of accident in which defendant motorist struck and fatally injured decedent pedestrian at street intersection (Ill. Rev. Stat. 1945, ch. 70, par. 1 et seq., ch. 95 1/2, par. 171; Jones Ill. Stats. Ann. 38.01 et seq., 85.203).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. E.I. FRANKHAUSER, Judge, presiding.
Reversed and remanded. Heard in the third division, first district, this court at the October term, 1946.
Shavin Hamilton and Leo S. Karlin, for appellant;
Leo S. Karlin, of counsel;
Kirkland, Fleming, Green, Martin Ellis, for appellee;
William H. Symmes, David Jacker and John M. O'Connor, Jr., of counsel.
ON REHEARING.
Not to be published in full. Opinion filed June 4, 1947; rehearing opinion filed November 19, 1947; modified and rehearing denied January 6, 1948; released for publication January 6, 1948.