AUTOMOBILES AND MOTOR VEHICLES, § 146.1 — instructions to conform to pleadings and proofs. In an action to recover damages for personal injuries sustained by a child when struck by defendants' truck in a public street, wherein there was a verdict for defendants, instructions given for defendants were not applicable to the facts, suggested matters not in the case, and suggesting that the injuries were caused by an accident was erroneous, and, under the sharp conflict in the evidence, it was essential that the jury be properly instructed.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE SULLIVAN.
"Not to be published in full." Opinion filed March 24, 1942.