Opinion
Gen. No. 10,136. (Abstract of Decision.)
Opinion filed April 18, 1947 Rehearing denied June 23, 1947 Released for publication June 23, 1947
AUTOMOBILES AND MOTOR VEHICLES, § 153 — when denial of requested instruction on speed not error. In suit to recover for death resulting from automobile accident at city intersection, refusal of court to give instruction as to speed in language of applicable statute as requested by defendant was held not error, since it is doubtful whether ordinary juror would understand legal meaning of term "prima facie" as used therein, and since it does not follow that, because rate of speed in miles is stated in statute to be prima facie unreasonable and dangerous, such rate of speed is in fact unreasonable and dangerous in every case, or that lesser rate of speed in every given case is reasonable and not dangerous (Ill. Rev. Stat. 1945, ch. 95 1/2, par. 146; Jones Ill. Stats. Ann. 85.178).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding.
Judgment affirmed. Heard in this court at the February term, 1947.
Raphael E. Yalden, for appellant;
Maynard Maynard and Charles S. Thomas, for appellee.
Not to be published in full. Opinion filed April 18, 1947; rehearing denied June 23, 1947; released for publication June 23, 1947.