MERNICK v. CHIODINI

Term No. 56-M-7.

12 Ill. App.2d 249 (1956)

139 N.E.2d 784

Adam Mernick, Administrator of Estate of Michael Mernick, Deceased, and DeWayne Davis, by Orville Davis, His Next Friend, Plaintiffs-Appellants, v. Ambrose Chiodini et al., and Helen Lindhorst, Administratrix of Estate of Carl Lindhorst, Deceased, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Released for publication February 4, 1957.


Attorney(s) appearing for the Case

Walker & Williams, and Robert F. Godfrey, of East St. Louis, for plaintiffs-appellants.

Baker, Kagy & Wagner, of East St. Louis, for defendant-appellee Ragon Russell, Pope and Driemeyer, of East St. Louis, for defendant-appellee Ambrose Chiodini, Frank M. Rain, of East St. Louis, of counsel; Johnson, Johnson & Ducey, of Belleville, for defendant-appellee Helen Lindhorst; Cornelius T. Ducey, of counsel.


PRESIDING JUSTICE SCHEINEMAN delivered the opinion of the court.

This is an action by two plaintiffs, one in a representative capacity for wrongful death, and one, a minor by next friend for damages for personal injuries incurred in an automobile-truck collision.

On August 12, 1954, in daylight, Carl Lindhorst was driving a 1940 Dodge in a southwardly direction along Highway No. 3 just north of Columbia, Illinois. Riding as guests with him were three other...

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