Minor v. Sears, Roebuck and Co.

Full title: Albert Makiel, Minor, Appellant, v. Sears, Roebuck and Company, Appellee

Court: Appellate Court of Illinois

Date published: Feb 26, 1947

330 Ill. App. 619 (Ill. App. Ct. 1947)

71 N.E.2d 809

Opinion

Gen. No. 43,641. (Abstract of Decision.)

Opinion filed February 26, 1947 Released for publication March 20, 1947

AUTOMOBILES AND MOTOR VEHICLES § 143.3^_ — verdict as directed for defendant where injuries proximately caused by act of third party. In action to recover damages for injuries sustained by minor allegedly as result of defendant's negligence in maintenance of automobile service station, trial court's action in directing verdict in favor of defendant would be affirmed where it appeared that injuries resulted from act of third party and there was no evidence which tended to show defendant was guilty of any negligence which proximately caused injuries.

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

Appeal from the Circuit Court of Cook county; the Hon. JACOB BERKOWITZ, Judge, presiding.

Judgment affirmed. Heard in the third division, first district, this court at the February term, 1946.

John O. Wagner and Edward C. Steinhauer, for appellant;

Lederer, Livingston, Kahn Adsit, for appellee;

Harry H. Kahn, Leo H. Arnstein and Richard C. Bleloch, of counsel.

Opinion by PRESIDING JUSTICE LEWE.

Not to be published in full. Opinion filed February 26, 1947; released for publication March 20, 1947.