Opinion
Gen. No. 9,799. (Abstract of Decision.)
Opinion filed September 3, 1942
AUTOMOBILES AND MOTOR VEHICLES, § 230 — instructions, conformity to pleadings. In an action by plaintiff administratrix to recover for wrongful death of her deceased, who was killed in a collision of a car in which deceased was riding with defendant's car, and both ordinary and wilful and wanton negligence were charged, an instruction for plaintiff directing a verdict without limiting the jury to the negligence or wrongful conduct charged, without any other instruction to obviate such error, was reversible error.
See Callaghan's Illinois Digest. some topic and section number.
Appeal from Circuit Court of Ogle county; Hon. GEORGE C. DIXON, presiding.
Reversed and remanded. Heard in this court at May term, 1942.
C.H. Linscott, for appellant;
Clarence M. Dunagan, for appellee.
"Not to be published in full." Opinion filed September 3, 1942.