Opinion
Gen. No. 10,107. (Abstract of Decision.)
Opinion filed February 14, 1947 Released for publication March 4, 1947
AUTOMOBILES AND MOTOR VEHICLES, § 144 — instruction which directs verdict as defective when all elements necessary to sustain verdict not contained therein. Instruction given in action arising out of motor vehicle collision which directed verdict, was fatally defective since all elements necessary to sustain verdict should be contained in instruction of that kind, and there was no mention that plaintiffs had burden of proving they were in exercise of ordinary care for their own safety nor was there any mention of any negligence on part of defendants that was proximate cause of injuries complained of.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from judgment of the Circuit Court of LaSalle county; the Hon. LOUIS A. ZEARING, Judge, presiding.
Judgment reversed and cause remanded. Heard in this court at the October term, 1946.
H.L. Richolson and Taylor E. Wilhelm, for appellants;
Mark O. Roberts, of counsel;
McMullen Dixon, for appellees.
Not to be published In full. Opinion filed February 14, 1947; released for publication March 4, 1947.