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William Mazanec, Appellee, v. Robert A. Prosser, Appellant.

AUTOMOBILES AND MOTOR VEHICLES, § 167.4 — when judgment for injured pedestrian will be affirmed. On defendant's appeal from judgment on jury's $40,000 verdict for permanently-crippling injuries, sustained by plaintiff pedestrian, who was 43 years of age and had family, when, in nighttime, he was struck, at or near city street intersection, by automobile which was being driven by defendant, held, as against defendant's contentions of plaintiff's guilt of contributory negligence as matter of law, of plaintiff's failure to prove defendant guilty of any negligence, of error in giving of certain instruction, and of verdict's excessiveness, indicating passion and prejudice, that judgment would be affirmed.

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

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed September 11, 1944.

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MAZANEC v. PROSSER
(Sep 11, 1944)