Opinion
Gen. No. 43,563. (Abstract of Decision.)
Opinion filed May 29, 1946 Released for publication June 13, 1946
AUTOMOBILES AND MOTOR VEHICLES, § 165 — instruction directing jury to judge minor's conduct by adult standard as erroneous. On appeal in action resulting from injuries sustained by plaintiff, thirteen years old, when hit by defendant's truck after alighting from bus and while crossing street in front of that vehicle, where it appeared that instruction directed jury to determine and judge conduct of plaintiff by standard imposed upon adult and also directed them to find that failure of minor plaintiff to exercise degree of care within standard imposed upon adults constituted contributory negligence as matter of law, held that such instruction, and others equally erroneous, warranted retrial.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. ROBERT E. CROWE, Judge, presiding.
Judgment reversed and cause remanded for retrial. Heard in the second division, first district, this court at the October term, 1945.
Harry S. Posner, for appellant;
Leo S. Karlan, of counsel;
Otto M. Hamer, for certain appellee;
Chester D. Kern, of counsel;
James O. Dwight, Erwin H. Wright and Arthur J. Donovan, for certain other appellees;
William J. Flaherty, of counsel.
Not to be published in full. Opinion filed May 29, 1946; released for publication June 13, 1946.