Hardware State Bank v. Cotner

Hardware State Bank, as administrator of the estate of Jerry Lee Kidwell, deceased, filed an action against Edward Cotner, Jr., in the circuit court of Moultrie County for wrongful death. (Ill. Rev. Stat. 1967, ch. 70, par. 1 et seq.) A jury found for plaintiff and awarded damages in the amount of $55,958.90. Judgment was entered pursuant thereto. The appellate court, one justice dissenting, reversed, holding that deceased's freedom from contributory negligence had not been established as a matter of law (Hardware State Bank v. Cotner, 7 Ill. App.3d 212), and we granted plaintiff's petition for leave to appeal. Defendant urges that if we should determine that the appellate court erred, other issues concerning various evidentiary rulings, the sufficiency of the complaint, jury instructions and the amount of the verdict should be considered. The facts giving rise to this occurrence are not in dispute. Deceased worked on defendant's farm for nine months prior to his fatal accident and in return for his services received a salary, living accommodations for himself and his family, as well as other benefits. On January 2, 1968, at 7:00 A.M., deceased arrived at defendant's home and stayed for about one-half hour. Deceased was informed that he might either obtain propane gas to be used in thawing water pipes or take the tractor to the farm and fill several animal-feeding bins. Deceased chose the latter activity.