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McGrath v. Fluech

Appellate Court of Illinois
Feb 14, 1947
330 Ill. App. 462 (Ill. App. Ct. 1947)

Opinion

Gen. No. 10,107. (Abstract of Decision.)

Opinion filed February 14, 1947 Released for publication March 4, 1947

AUTOMOBILES AND MOTOR VEHICLES, § 144instruction which directs verdict as defective when all elements necessary to sustain verdict not contained therein. Instruction given in action arising out of motor vehicle collision which directed verdict, was fatally defective since all elements necessary to sustain verdict should be contained in instruction of that kind, and there was no mention that plaintiffs had burden of proving they were in exercise of ordinary care for their own safety nor was there any mention of any negligence on part of defendants that was proximate cause of injuries complained of.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from judgment of the Circuit Court of LaSalle county; the Hon. LOUIS A. ZEARING, Judge, presiding.

Judgment reversed and cause remanded. Heard in this court at the October term, 1946.

H.L. Richolson and Taylor E. Wilhelm, for appellants;

Mark O. Roberts, of counsel;

McMullen Dixon, for appellees.


Not to be published In full. Opinion filed February 14, 1947; released for publication March 4, 1947.


Summaries of

McGrath v. Fluech

Appellate Court of Illinois
Feb 14, 1947
330 Ill. App. 462 (Ill. App. Ct. 1947)
Case details for

McGrath v. Fluech

Case Details

Full title:Delia McGrath and Alice Lawless, Appellees, v. Frank Fluech and Delbert…

Court:Appellate Court of Illinois

Date published: Feb 14, 1947

Citations

330 Ill. App. 462 (Ill. App. Ct. 1947)
71 N.E.2d 553

Citing Cases

Berry v. Safer

1990)). See also McGrath v. Fluech, 71 N.E.2d 553, 554-55 (Ill.App. 1947) ("In determining whether the…