NEGLIGENCE, § 117 — instruction assuming controverted fact as prejudicial. In action to recover damages for defendant's alleged negligence in delivering oil, where plaintiff contended that trial court erred in giving defendant's instruction which stated in substance that defendant could not be held liable for any act of negligence not committed by defendant's agent, and if damage was caused by some third party who was not agent of defendant, it should be found not guilty, held that such instruction was prejudicial for reason that although it was controverted question of fact for jury to determine as to whether or not there was third party in basement when fire started, such instruction assumed not only that there was, but that he lighted match that caused fire.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE SULLIVAN.
Not to be published in full. Opinion filed November 6, 1945; released for publication November 20, 1945.