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George Herbert Sykes, Administrator of Estate of George Edward Sykes, Deceased, Appellant, v. Georgiana Herbener, Administrator of Estate of Robert Herbener, Deceased, Appellee.

AUTOMOBILES AND MOTOR VEHICLES, § 167.2 — harmless error in instruction in death case. In administrator's action under Injuries Act for death of 14-year-old boy who was killed in intersectional collision occurring when automobile in which he was a passenger failed to stop before entering preferential state highway on which automobile of defendant's intestate was traveling, judgment on verdict for defendant would not be reversed for alleged error in instruction given for defendant where erroneous right-of-way instruction given for plaintiff would have necessitated reversal of a judgment for plaintiff if he had prevailed at trial.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE BRISTOW.

Not to be published in full. Opinion filed June 3, 1949; released for publication June 24, 1949.

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SYKES v. HERBENER
(Jun 3, 1949)