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Mildred Sturgeon, Administratrix of Estate of John E. Sturgeon, Deceased, Appellee, v. Clifton Quarton, Minor, by Lester K. Vande

AUTOMOBILES AND MOTOR VEHICLES, § 112 — when evidence of negligence insufficient. Where the automobile which defendant was driving collided with the automobile of plaintiff's intestate in the nighttime while going in opposite directions, and from the evidence, the manner in which, and the place in the highway where the collision actually occurred, were left to conjecture, there was no affirmative proof of any negligence of defendant, and a verdict for plaintiff in an action for the wrongful death of her intestate could not stand.

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

Opinion by PRESIDING JUSTICE RIESS.

"Not to be published in full." Opinion filed October 29, 1942.

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STURGEON v. QUARTON
(Oct 29, 1942)