Categories: Illinois Appellate Court Opinions

HIRNING v. CONTRACTING AND MATERIAL COMPANY, 312 Ill. App. 655 (1942)

38 N.E.2d 793

Jacob L. Hirning and Wilhelmina Hirning, Appellees, v. Contracting and Material Company et al., Appellants.

Gen. No. 41,719. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed January 7, 1942 Rehearing denied January 22, 1942

AUTOMOBILES AND AND MOTOR VEHICLES, § 112[*] — injury as occasioned by combined negligence. In an action against the driver of an automobile and a construction company which had excavated for and installed a conduit line across a boulevard and refilled same, there was competent evidence in the record from which the jury had a right to find that the injuries suffered by plaintiffs in an automobile collision were caused by the negligence of one defendant in driving his car to the left of the center line and the negligence of the other defendant in the installation of the conduit line.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Circuit Court of Cook county; Hon. ROBERT A. MEIER, Jr., presiding.

Judgment affirmed. Heard in third division, first district, this court at June term, 1941.

Rawlins Wright, for certain appellant;

Cassels, Potter Bentley, for certain other appellants;

H.G. Marshall and Leslie H. Vogel, of counsel;

Irving N. Stenn and Marion J. Hannigan, for appellees.

Opinion by PRESIDING JUSTICE BURKE.

“Not to be published in full.” Opinion filed January 7, 1942; rehearing denied January 22, 1942.

jdjungle