Opinion
Gen. No. 9,949. (Abstract of Decision.)
Opinion filed April 27, 1944
NEGLIGENCE, § 110 — contributory negligence a question of fact for jury. Although it is true that the question of contributory negligence is ordinarily a question for the jury, yet, when there is no conflict in the evidence, and the court can clearly see that the injury was the result of negligence of the party injured, it should not hesitate to instruct the jury to return a verdict for the defendant.
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, 1944.
Emil J. Benson and Raphael E. Yalden, for appellant;
Hyer Gill, for appellees.
Nelson J. Wilcox, for certain appellee.
Not to be published in full. Opinion filed April 27, 1944.