Opinion
Gen. No. 10,290. (Abstract of Decision.)
Opinion filed June 3, 1949 Released for publication June 24, 1949
AUTOMOBILES AND MOTOR VEHICLES, § 167.2 — harmless error in instruction in death case. In administrator's action under Injuries Act for death of 14-year-old boy who was killed in intersectional collision occurring when automobile in which he was a passenger failed to stop before entering preferential state highway on which automobile of defendant's intestate was traveling, judgment on verdict for defendant would not be reversed for alleged error in instruction given for defendant where erroneous right-of-way instruction given for plaintiff would have necessitated reversal of a judgment for plaintiff if he had prevailed at trial.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Du Page county; the Hon. WIN G. KNOCH, Judge, presiding.
Judgment affirmed. Heard in this court at the October term, 1948.
Perry Elliott, for appellant;
Joseph Sam Perry and Edgar J. Elliott, of counsel. Rathje Woodward, for appellee;
John S. Woodward and Alfred E. Woodward, of counsel.
Not to be published in full. Opinion filed June 3, 1949; released for publication June 24, 1949.