WALTERS v. CHECKER TAXI CO., 325 Ill. App. 578 (1945)

60 N.E.2d 260

Gen. No. 43,299. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed March 26, 1945 Released for publication April 11, 1945

AUTOMOBILES AND MOTOR VEHICLES, § 145.1[*] — erroneous instruction requiring both defendants to be found guilty. Upon complaint by plaintiff taxi passengers against cab company and automobile owner-driver for injuries sustained as result of collision and negligence of both defendants, evidence indicating that auto driver was drunk and while drunk drove car recklessly, causing collision, where jury were instructed that if they found defendants not guilty they would have no occasion to consider question of damages, held that instruction was manifestly erroneous, since it told jury that to compensate plaintiffs for their injuries both defendants should be found guilty, and under it jury could not find defendant auto driver guilty and cab company not guilty.

Page 579

Appeal from the Circuit Court of Cook county; the Hon. ROBERT A. MEIER, JR., Judge, presiding.

Reversed and remanded. Heard in the first division, first district, this court at the December term, 1944.

Jesmer Jesmer, for certain appellant;

Julius Jesmer, of counsel;

Vincent D. McConnell, for appellees.

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed March 26, 1945; released for publication April 11, 1945.