Opinion
Gen. No. 10,110. (Abstract of Decision.)
Opinion filed April 18, 1947 Rehearing denied June 23, 1947 Released for publication June 23, 1947
ASSAULT AND BATTERY, § 24 — instruction precluding negligence as to plaintiff if defendant policeman's conduct was justified as to third person as erroneous. In suit against policeman and his bondsman to recover for injuries sustained when policeman shot plaintiff's husband and bullet passed through his body and lodged in leg of plaintiff who was nearby, and whom husband was threatening, instruction which, in effect, told jury that if policeman's shooting of husband was justifiable then they should find for defendants, held erroneous, since it ignored fact that policeman might nevertheless have been negligent or guilty of wilful or wanton misconduct as to plaintiff even though his conduct toward her husband was justified.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Peoria county; the Hon. JOSEPH E. DAILY, Judge, presiding.
Reversed and remanded. Heard in this court at the October term, 1946.
C.I. Martin and Harold H. Kuhfuss, for appellant;
Clarence W. Heyl and George W. Sprenger, for appellees.
Not to be published in full. Opinion filed April 18, 1947; rehearing denied June 23, 1947; released for publication June 23, 1947.