Opinion
Gen. No. 43,961. (Abstract of Decision.)
Opinion filed February 17, 1948 Released for publication March 9, 1948
AUTOMOBILES AND MOTOR VEHICLES, § 160.1 — instructions on contributory negligence referring to plaintiffs in plural. In action by driver and passenger of automobile for personal injuries sustained in collision with defendant's truck, instructions referring to plaintiffs in plural were not erroneous as tending to confuse jury in that they might have led jury to conclusion that if driver was guilty of contributory negligence then other occupant could not recover although latter was guilty of no negligence that contributed to her injury, or that some act of passenger which jury deemed negligent could be imputed to driver, in view of other instructions defining contributory negligence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. HENRY INGRAM, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the December term, 1946.
Smietanka, Nowak Garrigan, for appellants;
Joseph G. Smietanka, of counsel;
Michael J. Thuma, for appellees;
E. Douglas Schwantes, of counsel.
Not to be published in full. Opinion filed February 17, 1948; released for publication March 9, 1948.