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JOHNSON v. MOON

Gen. No. 46,059.

1 Ill. App.2d 6 (1953)

116 N.E.2d 95

Virgil Johnson, Plaintiff-Appellee, v. James V. Moon, Administrator of Estate of James George Moon, Deceased, Defendant-Appellant. James V. Moon, Administrator of Estate of James George Moon, Deceased, Counterplaintiff-Appellant, v. Safeway Truck Lines, Inc. et al., Counterdefendants-Appellees.

Appellate Court of Illinois.

Rehearing denied December 30, 1953.

Released for publication December 30, 1953.

Attorney(s) appearing for the Case

RALPH F. HIMMELHOCH, of Chicago, for appellant; RALPH F. HIMMELHOCH, of Chicago, of counsel.

KIRKLAND, FLEMING, GREEN, MARTIN & ELLIS, for certain appellees; SAUL A. EPTON, of Chicago, for certain other appellee; EDWARD A. SCOTT, MAX E. WILDMAN, and JOHN M. O'CONNOR, JR., all of Chicago, of counsel.

MR. PRESIDING JUSTICE FEINBERG delivered the opinion of the court.

Plaintiff brought this action against James V. Moon, administrator of the estate of James George Moon, deceased, to recover for property damage to plaintiff's tractor and trailer, arising out of a collision with an automobile owned and driven by the deceased, alleging negligence on the part of the deceased.

The administrator, by leave of court,...

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