Opinion
Opinion filed June 1, 1943 Rehearing denied July 8, 1943
DEATH BY WRONGFUL ACT, § 48 — contributory negligence of deceased question of fact for jury. In action for wrongful death of plaintiff's intestate, killed when his automobile collided with freight train operated by defendant, question of whether or not intestate had been guilty of contributory negligence precluding plaintiff's recovery was for jury, and hence trial court did not err in refusing to allow defendant's motion for judgment notwithstanding verdict in favor of plaintiff, and judgment for plaintiff would be affirmed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Pulaski county; the Hon. LOYD M. BRADLEY, Judge, presiding.
Affirmed. Heard in this court at the May term, 1943.
Donald A. Miller, for appellant;
D.L. Duty, Chas. D. Winters and Joe Crain, for appellee.
"Not to be published in full." Opinion filed June 1, 1943; rehearing denied July 8, 1943.