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BOLEK v. WEST SHORE TRANSP. CO., INC.

Gen. No. 49,444.

55 Ill. App.2d 237 (1965)

204 N.E.2d 811

Theodore C. Bolek, Administrator of the Estate of Theodore C. Bolek, Jr., Deceased, Plaintiff-Appellant, v. West Shore Transport Co., Inc., a Corporation, and Robert Esposito, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

Rehearing denied February 18, 1965.

Attorney(s) appearing for the Case

Louis G. Davidson, of Chicago (Eugene I. Pavalon and Sidney Robin, of counsel), for appellant.

Kirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (David Jacker, William H. Symmes and John M. O'Connor, Jr., of counsel), for appellees.

MR. JUSTICE MURPHY delivered the opinion of the court.

This is a wrongful death action, in which the plaintiff administrator appeals from a not guilty verdict and judgment, contending that the trial court erred in striking part of the complaint and in the giving and refusing of instructions.

The decedent, a 9-year-old boy, was fatally injured on August 19, 1957, while riding a bicycle which collided with a tractor-trailer in a street crossing. He was survived...

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