Appellate Court of Illinois, 1913

Kaminiski v. Corn Products Refining Co.

Appellate Court of Illinois · Decided October 16, 1913 · Philbrick

184 Ill. App. 286

Opinion of the Court

Mr. Presiding Justice Philbrick

delivered the opinion of the court.

2. Roads and bridges, § 196*—when teamster guilty of contributory negligence in avoiding obstruction in highway. In an action against an abutting owner on a public highway to recover for the death of plaintiff’s intestate alleged to have been caused by defendant maintaining an obstruction in the highway by reason whereof deceased fell from his wagon and was killed, a verdict in favor of plaintiff held, not sustained by the evidence, the evidence showing that deceased was guilty of contributory negligence in driving his team.

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