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BIELA v. MESSNER

Gen. No. 11,118.

18 Ill. App.2d 236 (1958)

151 N.E.2d 406

John Biela, Plaintiff-Appellant, v. Joseph T. Messner, Defendant-Appellee.

Appellate Court of Illinois — Second District, First Division.

Rehearing denied July 31, 1958.

Released for publication July 31, 1958.

Attorney(s) appearing for the Case

James A. Dooley, of Chicago, for plaintiff-appellant.

Rathje & Woodward, of Wheaton (Alfred E. Woodward, of counsel) for defendant-appellee.

JUSTICE McNEAL delivered the opinion of the court.

Plaintiff brought this action to recover damages for personal injuries occasioned when he was walking along the edge of a road at night in the rain and was struck by an automobile driven by defendant. Plaintiff alleged that defendant operated his vehicle negligently and that he was guilty of wilful and wanton conduct. At the close of plaintiff's case the court directed a verdict for defendant on the wilful and wanton...

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