MARTINO v. BARRA

Gen. No. 49,738.

67 Ill. App.2d 328 (1965)

215 N.E.2d 12

Marlene H. Martino, Administratrix of the Estate of Herbert L. Hazen, Jr., Deceased, and Marlene H. Martino, Administratrix of the Estate of Josephine F. Hazen, Deceased, and Iola Saunders, Administratrix cum testamento annexo of the Estate of Charlotte D. Thacker, Deceased, Plaintiffs-Appellees, v. Ned Thomas Barra, Leon B. Stilley Construction Company, Leon B. Stilley, Anton Halmel, Cities Service Oil Company, and Mt. Vernon Tire Service Corporation, Defendants, Ned Thomas Barra and Mt. Vernon Tire Service Corporation, Defendants-Appellants. Anton Halmel and Cities Service Oil Company, Counter-Plaintiffs-Appellees, v. Ned Thomas Barra, Leon B. Stilley Construction Company, Leon B. Stilley and Mt. Vernon Tire Service Corporation, Counter-Defendants, Ned Thomas Barra and Mt. Vernon Tire Service Corporation, Counter-Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

Supplemental opinion March 18, 1966.


Attorney(s) appearing for the Case

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (Oswell G. Treadway, of counsel), for Ned Thomas Barra, appellant; Patrick J. Muldowney, of Chicago, for Mt. Vernon Tire Service Corporation, appellant.

James A. Dooley, of Chicago, for plaintiff-appellees; Nat. P. Ozmon, of Chicago, for Anton Halmel, counter-plaintiff-appellee; Kirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (Charles M. Rush and John M. O'Connor, Jr., of counsel), for Cities Service Oil Company, counter-plaintiff-appellee.


MR. PRESIDING JUSTICE BURKE delivered the opinion of the court.

This action was brought to recover damages for the wrongful deaths of Herbert Hazen, Jr., Josephine Hazen and Charlotte Thacker, resulting from an automobile-truck collision near Mt. Vernon, Illinois.

Named as defendants were Leon B. Stilley and the Leon B. Stilley Construction Company, owners of a concrete mixer truck; Ned Thomas Barra, driver...

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