Opinion
Gen. No. 43,608. (Abstract of Decision.)
Opinion filed December 31, 1946 Released for publication January 15, 1947
AUTOMOBILES AND MOTOR VEHICLES, § 234 — when instruction as to defendant's wilful conduct was not erroneous. In action for personal injuries sustained by plaintiff when struck by defendant's car while attempting to board street car, in which defendant was charged with wilful and wanton misconduct in operation of his car, plaintiff's instruction was not erroneous which charged jury that if they found from evidence and instructions of court that defendant was guilty of wilful and wanton or malicious conduct in operation of his automobile at time of occurrence, they could not take into consideration question of contributory negligence, since such instruction was correct statement of law.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. ROBERT A. MEIER, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the December term, 1945.
Robert F. Kolb and Francis M. Cooper, for appellant;
Matthew Steinberg and Fred Polacek, for appellee;
Abraham Miller, of counsel.
Not to be published in full. Opinion filed December 31, 1946; released for publication January 15, 1947.