(Download) "Diederich v. Walters" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Diederich v. Walters
- Author : Supreme Court of Illinois
- Release Date : January 01, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is a wrongful death action brought in the circuit court of Du Page County by plaintiff, Anthony Diederich, as administrator of the estate of Richard John Diederich, against the defendant, William W. Walters, who was the driver of an automobile which struck and killed the 13-year-old decedent as he was walking along a highway. The complaint alleged that the defendant had operated the motor vehicle in excess of the posted speed limit, failed to maintain a proper lookout for pedestrians lawfully upon the highway, and failed to keep his automobile under control at all times. The jury answered a special interrogatory finding plaintiff's decedent guilty of contributory negligence and rendered a verdict in favor of defendant. The appellate court reversed and remanded for a new trial on the grounds that the trial court had erred (1) in not giving plaintiff's tendered instruction advising the jury as to the rebuttable presumption that a child 7 to 14 years of age is incapable of contributory negligence; and (2) in permitting a police officer who investigated the accident to state his opinion as to the speed of defendant's automobile based upon the length of skid marks. (Diederich v. Walters (1975), 31 Ill. App.3d 594.) We granted leave to appeal. The accident occurred on September 18, 1971, at approximately 9:45 p.m. on Clarendon Hills Road between 67th and 68th Streets in Du Page County. Clarendon Hills Road is a two-lane highway which runs in a north-south direction. The decedent was walking south on the west side of the highway when he was struck from behind by the defendant's car, which was also proceeding south in the southbound lane.
 "Diederich v. Walters" by Supreme Court of Illinois # eBook PDF Kindle ePub Free){kind=link}