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THOMAS v. SMITH

Gen. No. 10,071.

11 Ill. App.2d 310 (1956)

137 N.E.2d 117

Jesse M. Thomas, Florence Thomas, Betty Lou Thomas, a Minor, by Jesse M. Thomas, her Father and Next Friend, Jesse M. Thomas, Administrator of Estate of Charles Ray Thomas, Deceased, and Jesse M. Thomas, Administrator of Estate of Vickie Lee Thomas, Deceased, Plaintiffs-Appellees, v. Andy Edwin Smith, and Corrine Wilson, Defendants-Appellants.

Appellate Court of Illinois — Third District.

Rehearing denied October 2, 1956.

Released for publication October 2, 1956.

Attorney(s) appearing for the Case

LeForgee, Samuels & Miller, of Decatur, for defendants-appellants; Carl R. Miller, and Jerald E. Jackson, both of Decatur, of counsel.

McMillen, Garman and Owen, of Decatur, for plaintiffs-appellees.

PRESIDING JUSTICE REYNOLDS delivered the opinion of the court.

This cause arises out of a collision between a Buick automobile driven by Jesse M. Thomas, one of the plaintiffs, and a Ford automobile driven by Andy Edwin Smith, one of the defendants, and owned by Corrine Wilson, the other defendant. The collision occurred about 2:00 o'clock a.m. on July 2, 1954, at the intersection of U.S. 51, and the Mount Zion-Elwin Blacktop Road, in the town of Elwin, in Macon County...

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