Opinion
Gen. No. 40,963. (Abstract of Decision.)
Opinion filed April 10, 1940
STREET RAILWAYS, § 175 — action for injury to passenger, erroneous instructions. In action for death of boarding streetcar passenger, judgment for plaintiff was reversed where instruction defined duty of defendant "in view of the character and mode of evidence adopted," instead of the mode of conveyance adopted, and another instruction told the jury that the carrier was responsible for the slightest neglect, which tended to minimize the noninsurer rule.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JACOB BERKOWITZ, presiding.
Judgment reversed and cause remanded for a new trial. Heard in third division, first district, this court at October term, 1939.
Frank L. Kriete, Charles E. Green and Arthur J. Donovan, for appellants;
John R. Guilliams, of counsel;
V. Russell Donaghy, for appellee;
David A. Schallman, of counsel.
"Not to be published in full." Opinion filed April 10, 1940.