McGee v. Henry

Full title: Ellen McGee, Administratrix of Estate of John McGee, Deceased, Appellant…

Court: Appellate Court of Illinois

Date published: Jan 27, 1942

313 Ill. App. 147 (Ill. App. Ct. 1942)

39 N.E.2d 412

Opinion

Gen. No. 9,690. (Abstract of Decision.)

Opinion filed January 27, 1942

AUTOMOBILES AND MOTOR VEHICLES, § 117.6^_ — negligence in killing pedestrian as question for jury. In an action for wrongful death, where the evidence showed that the deceased was walking at night about three or four feet from the south side of a paved road in a proper lane and the defendant, while driving his truck and attempting to pass a car, struck the deceased, wherein the plaintiff made out a prima facie case, it should have been submitted to the jury.

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

Appeal from Circuit Court of Will county; Hon. LUTHER B. BRATTON, presiding.

Judgment reversed and cause remanded. Heard in this court at October term, 1941.

H.H. Patterson and Ray F. Faulkner, for appellant;

Edmund C. Maurer, of counsel;

Burke Schenk, for appellee;

Opinion by PRESIDING JUSTICE WOLFE.

"Not to be published in full." Opinion filed January 27, 1942.