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Monte L. Goad, Appellant, v. Thelma Stoner Phipps, Appellee.

AUTOMOIBMES AND MOTOR VEHICLES, § 167.2 — non-reversible effect of instruction on subject of contributory negligence. In damage action, arising out of automobile collision at highway intersection, held that contributory negligence instruction, which required plaintiff "in entering intersection" to exercise care, etc., did not constitute reversible error as to defendant, in that it allegedly did not cover plaintiff's conduct in "approaching" intersection, where another instruction required care on part of plaintiff both "before and at time of accident," and jury also was told that it was to treat instructions as series.

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

Opinion by JUSTICE HAYES.

Not to be published in full. Opinion filed October 26, 1944; released for publication November 21, 1944.

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GOAD v. PHIPPS
(Oct 26, 1944)