Bales v. Pennsylvania R. Co‪.‬

Rehearing denied July 29, 1952 This is an action for personal injuries sustained by the plaintiff, William Bales, an eighteen-year-old minor, as a result of the collision of his automobile with a train of defendant, Pennsylvania Railroad Company, a corporation. The case was tried before a jury and a verdict of guilty rendered upon which the superior court of Cook county, Illinois, entered judgment in favor of the plaintiff for the sum of $27,500. The usual motions were made by the defendant which were denied by the trial court. No issue is raised by the pleadings. Defendant relies on two contentions for the reversal of the judgment of the trial court, the first being that plaintiff was guilty of contributory negligence as a matter of law and the trial court should have instructed the jury to return a verdict for the defendant. The second, that the trial court erred in giving to the jury at the request of the plaintiff a two-page instruction which included the verbatim incorporation of numerous allegations of the complaint.