RIPKE v. BERNSTEIN

AUTOMOBILES AND MOTOR VEHICLES, § 143.6 — peremptory instruction, omission of element of proximate cause in its hypothesis as prejudicial error. Trial court committed prejudicial error in giving peremptory instruction which failed to include element of proximate cause in its hypothesis precluding plaintiff from recovering because of decedent's contributory negligence and which imposed on decedent requirement of avoiding injury, in action under Injuries Act arising out of accident in which defendant motorist struck and fatally injured decedent pedestrian at street intersection (Ill. Rev. Stat. 1945, ch. 70, par. 1 et seq., ch. 95 1/2, par. 171; Jones Ill. Stats. Ann. 38.01 et seq., 85.203).