Categories: Illinois Appellate Court Opinions

SAVINA v. NATIONAL BRICK COMPANY, 314 Ill. App. 199 (1942)

40 N.E.2d 844

Salvatore Savina, Minor, by Michele Savina, His Father and Next Friend, Appellant, v. National Brick Company and John P. Traff, Appellees.

Gen. No. 41,354. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed March 24, 1942

AUTOMOBILES AND MOTOR VEHICLES, § 146.1[*] — instructions to conform to pleadings and proofs. In an action to recover damages for personal injuries sustained by a child when struck by defendants’ truck in a public street, wherein there was a verdict for defendants, instructions given for defendants were not applicable to the facts, suggested matters not in the case, and suggesting that the injuries were caused by an accident was erroneous, and, under the sharp conflict in the evidence, it was essential that the jury be properly instructed.

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

Appeal from Superior Court of Cook county; Hon. MARTIN M. GRIDLEY, presiding.

Judgment or order reversed. Heard in second division, first district, this court at December term, 1941.

Irving G. Zazove and Nicholas A. Pope, for appellant;

John A. Bloomingston, for appellees.

Opinion by JUSTICE SULLIVAN.

“Not to be published in full.” Opinion filed March 24, 1942.

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