Opinion
Gen. No. 9,346. (Abstract of Decision.)
Opinion filed October 29, 1942
AUTOMOBILES AND MOTOR VEHICLES, § 112 — when evidence of negligence insufficient. Where the automobile which defendant was driving collided with the automobile of plaintiff's intestate in the nighttime while going in opposite directions, and from the evidence, the manner in which, and the place in the highway where the collision actually occurred, were left to conjecture, there was no affirmative proof of any negligence of defendant, and a verdict for plaintiff in an action for the wrongful death of her intestate could not stand.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Montgomery county; Hon. JOSIAH T. BULLINGTON, presiding.
Reversed and remanded with directions. Heard in this court at October term, 1942.
John T. Dickinson and Hill Vandever, for appellant;
Dennis J. Godfrey, for appellee.
"Not to be published in full." Opinion filed October 29, 1942.