AUTOMOBILES AND MOTOR VEHICLES, § 149 — refusal of defendant's tendered instruction in action for injuries to boy. In 13-year-old high school boy's action for injuries sustained when he was struck by a third person's automobile while crossing street in front of defendant's bus from which boy had alighted at intersection, refusal of defendant's tendered instruction stating that if jury believed defendant was operating bus in a lawful manner and that accident would not have occurred except for negligent act of third person, jury should find defendant not guilty even though hey was not guilty of negligence was not reversible error, since such instruction might have resulted in jury ignoring rule that if defendant's negligence is proximate cause of injury defendant is even though accident might not have happened except for concurring negligence of a third person.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE TUOHY.
Not to be published in full. Opinion filed May 16, 1949; rehearing denied May 27, 1949; released for publication May 27, 1949.