GROSSMANN v. DIESEL, 315 Ill. App. 306 (1942)

42 N.E.2d 957

Appellate Court of Illinois, Fourth District.
Opinion filed June 27, 1942

AUTOMOBILES AND MOTOR VEHICLES, § 77[*] — care required toward animals on the highway. Where defendant was traveling on a highway at night at 45 or 50 miles an hour and did not see plaintiff’s mules come on to the highway until he was about 10 feet from them, and he struck and injured them so severely they had to be killed, a finding for plaintiff was not against the manifest weight of the evidence.

Appeal from Circuit Court of St. Clair county; Hon. MAURICE V. JOYCE, presiding.

Judgment affirmed. Heard in this court at May term, 1942.

Johnson Johnson, for appellant;

Walter G. Grossmann, for appellee.

Opinion by JUSTICE DADY.

“Not to be published in full.” Opinion filed June 27, 1942.

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