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DALY v. BANT

Gen. No. 69-194.

122 Ill. App.2d 233 (1970)

258 N.E.2d 382

Mildred Daly, Administratrix of the Estate of Donna C. Daly, Deceased, Plaintiff-Appellant, v. James H. Bant and John Konecnik, Defendants-Appellees.

Appellate Court of Illinois — Second District.

April 29, 1970.

Attorney(s) appearing for the Case

Thomas L. Ruth, Jr., of Barrington, for appellant.

Snyder, Clarke, Dalziel, Holmquist & Johnson, of Waukegan, for appellee.

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

This case presents the ever-troublesome issue of the circumstances under which the trial judge may properly determine that the evidence presents no factual question for the jury's consideration, and that the verdict should be directed.

At about 7 p.m., on July 29, 1967, Donna C. Daly, 15 years of age, was a passenger in a Ford automobile, presumably driven in a westerly direction on Three Oaks...

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