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CHAPPELL v. JUERGENS

No. 56258.

11 Ill. App.3d 469 (1973)

297 N.E.2d 270

BEATRICE CHAPPELL, Plaintiff-Appellant, v. FREDERIC J. JUERGENS, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

April 16, 1973.

Attorney(s) appearing for the Case

Sydney N. Pearl, Morris D. Whitney, and Frank, Levin & Rubin, all of Chicago, for appellant.

John A. Hutchings, James J. Hoffnagle, and Alfred C. Tisdahl, Jr., all of Chicago, (Taylor, Miller, Magner, Sprowl & Hutchings, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE EGAN delivered the opinion of the court:

This was a suit for common law negligence which was heard in a bench trial. At the close of the plaintiff's case the trial judge found that the plaintiff was guilty of contributory negligence as a matter of law and entered judgment for the defendant. The sole issue is whether the judge could properly make such a finding at the close of the plaintiff's case.

The evidence offered...

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