Heeb v. Graff

Full title: John C. Heeb et al., Plaintiffs v. Walter W. Graff, Defendant

Court: Appellate Court of Illinois

Date published: Jul 9, 1941

311 Ill. App. 253 (Ill. App. Ct. 1941)

35 N.E.2d 684

Opinion

Gen. No. 9,646. (Abstract of Decision.)

Opinion filed July 9, 1941

AUTOMOBILES AND MOTOR VEHICLES, § 166.3^_ — new trial, collision with disabled car. In action for injuries sustained by plaintiff when he struck defendant's disabled car parked on highway, lower court properly granted defendant a new trial, where plaintiff on the witness stand volunteered information not responsive to question propounded to him, to the effect that he risked the lives of his passengers and himself to avoid striking defendant, who was looking at his tires.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Stephenson county; Hon. LEON A. ZICK, presiding.

Affirmed. Heard in this court at February term, 1941.

George M. Schatz and Marvin F. Burt, for plaintiffs;

George M. Schatz, Marvin F. Burt and Ira S. Kolb, of counsel;

Burrell Burrell, for defendant.

Opinion by PRESIDING JUSTICE WOLFE.

"Not to be published in full." Opinion filed July 9, 1941.