Opinion
Gen. No. 9,902. (Abstract of Decision.)
Opinion filed January 26, 1944
DIRECTING VERDICT AND DEMURRERS TO EVIDENCE, § 57 — when peremptory instruction for plaintiff is erroneous in form. In negligence case, it is error as to defendant to give to jury peremptory instruction for plaintiff, when such instruction fails to require that jury's belief as to defendant's guilt be based on "preponderance" of evidence and does not limit acts of negligence which were proximate cause of injuries to those charged in complaint.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Knox county; the Hon. RILEY E. STEVENS, Judge, presiding.
Affirmed in part and reversed in part. Heard in this court at the October term, 1943.
Clarence W. Heyl and Burrel Barash, for appellant;
Nelson Gustafson, for appellees.
Not to be published in full. Opinion filed January 26, 1944.