INSTRUCTIONS, § 8 — argumentative instruction concerning plaintiff's contributory negligence prejudicial to defendants. In action for damages resulting from fall through allegedly unguarded open coal hole in public sidewalk located at prominent business intersection, instruction to jury that plaintiff's turning, while walking along street, to speak to someone immediately prior to fall was not necessarily contributory negligence was reversible error, as such instruction, detailing certain set of facts as not constituting negligence, was argumentative and prejudicial to defendants.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE BRISTOW.
Not to be published in full. Opinion filed October 23, 1947; released for publication November 10, 1947.