GILMAN v. LEE

Gen. No. 11,226.

23 Ill. App.2d 61 (1959)

161 N.E.2d 586

Leonard Gilman, Plaintiff-Appellee, v. Richard Lee, Defendant-Appellant, Richard Lee and Robert Lee, Counter-Plaintiffs-Appellees, v. Leonard Gilman, Counter-Defendant, and Lula Defenbaugh, Administratrix of the Estate of Guy E. Defenbaugh, Deceased, Counter-Defendant-Appellant.

Appellate Court of Illinois — Second District, Second Division.

Rehearing denied November 4, 1959.

Released for publication November 4, 1959.


Attorney(s) appearing for the Case

George C. Hupp, of Ottawa, and Roberts and Kepner, of Springfield, for appellant.

Kevin D. Kelly, of LaSalle, and Marion Ramza, of Streator, for appellee.


JUSTICE SOLFISBURG delivered the opinion of the court.

The facts of record in this case present a novel situation. Illinois State Route 179, the night of November 1, 1954, at about 7:30 P.M., about 1 1/2 miles south of Route 179's intersection with Route 17, was clear and dry, and the visibility was good. That route was a two-lane paved public highway running in a north-south direction. Drifting snow was on the shoulders. Guy E. Defenbaugh, since deceased through...

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