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CARGNINO v. SMITH

No. 73-30.

17 Ill. App.3d 831 (1973)

308 N.E.2d 853

LAWRENCE P. CARGNINO, Plaintiff-Appellant, v. FONVILLE C. SMITH, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Rehearing denied January 28, 1974.

Attorney(s) appearing for the Case

Londrigan & Potter, of Springfield, for appellant.

Roberts and Kepner, of Springfield (Maurice Kepner, of counsel), for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE GEORGE J. MORAN delivered the opinion of the court:

Plaintiff appeals from a judgment entered on a jury verdict in favor of the defendant in a personal injury action.

Plaintiff lived less than a block from Route 104 in Kincaid, Illinois. He testified that he woke up around 5:30 A.M. on the day of the accident, which was his normal waking hour. He usually left...

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