Opinion
Term No. 47,013. (Abstract of Decision.)
Opinion filed January 26, 1948 Opinion modified and rehearing denied April 23, 1948 Released for publication April 23, 1948
AUTOMOBILES AND MOTOR VEHICLES, § 167.2 — erroneous instruction on contributory negligence. In action by guest passenger for injuries sustained in automobile collision, where there were no facts or circumstances tending to show any contributory negligence by plaintiff, in absence of instruction on subject of contributory negligence correctly stating law, defendant's given instruction, stating that if jury believe that plaintiff, by using ordinary care, could have avoided injury, and failed to do so, then he could not recover, and that on question of care for his own safety burden of proof was on plaintiff, constituted reversible error.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Madison county; the Hon. EDWARD F. BAREIS, Judge, presiding.
Reversed and remanded. Heard in this court at the October term, 1947.
Reed Burroughs, for appellant;
Meyer Meyer, for appellee.
Not to be published in full. Opinion filed January 26, 1948; opinion modified and rehearing denied April 23, 1948; released for publication April 23, 1948.