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WITZIG v. ILLINOIS POWER CO.

Gen. No. 11,062.

114 Ill. App.2d 139 (1969)

251 N.E.2d 902

Edward Witzig, Plaintiff-Appellant, v. Illinois Power Company, a Corporation, Defendant, Third-Party Plaintiff-Appellee, and Klopfenstein Grain Company, Third-Party Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied November 18, 1969.

Attorney(s) appearing for the Case

Costigan and Wollrab, of Bloomington (Guy Fraker, of counsel), for appellant.

Livingston, Barger, Brandt, Slater & Schroeder, of Bloomington (Ralph E. Schroeder, of counsel), and Heyl, Royster, Voelker & Allen, of Peoria (Lyle W. Allen, Richard M. Baner and Duncan B. Cooper, III, of counsel), for appellee.

SMITH, J.

The single issue in this case is whether or not the plaintiff's own discovery deposition contains admissions which convict him of contributory negligence so that the trial court was justified in granting the defendant's motion for summary judgment. The trial court held that it did and there being no triable issue of fact on this point, entered a judgment in favor of the defendant in bar of plaintiff's suit. Plaintiff appeals.

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