Opinion
Gen. No. 10,232. (Abstract of Decision.)
Opinion filed June 4, 1948 Released for publication June 25, 1948
AUTOMOBILES AND MOTOR VEHICLES, § 167.2 — reversible error in instruction in passenger's action for damages. In passenger's action for damages sustained when automobile in which he was riding collided with one being operated by defendant's intestate, instructing on passenger's behalf that jury could not single out fact that passenger was asleep at time of accident and from that fact alone decide that passenger was not exercising due care for his own safety was reversible error, where it was snowing at time of accident, and jury might have concluded that passenger, being only person in automobile other than driver, should have remained awake and assisted him.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Lee county; the Hon. GEORGE C. DIXON, Judge, presiding.
Cause reversed and remanded. Heard in this court at the February term, 1948.
D.M. Gregg and Warner Warner, for appellant;
D.M. Gregg and Henry C. Warner, of counsel;
Dixon, Devine, Bracken Ryan, for appellees;
Robert L. Bracken and J.C. Ryan, of counsel.
Not to be published in full. Opinion filed June 4, 1948; released for publication June 25, 1948.