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Kronenberger v. Husky

ILLINOIS APPELLATE COURT — FIFTH DISTRICT.


MARCH 9, 1968.

BRIAN A. KRONENBERGER, A MINOR, BY CLEO KRONENBERGER, HIS MOTHER AND NEXT FRIEND, PLAINTIFF-APPELLANT,

v.

MILDRED I. HUSKY AND WILLIAM HUSKY, D/B/A WEST SIDE PRODUCE, DEFENDANTS-APPELLEES.

Appeal from the Circuit Court of St. Clair County; the Hon. JOSEPH FLEMING, Judge, presiding. Judgment affirmed.

GOLDENHERSH, J.

This cause was remanded to this court following reversal of the judgment previously entered. *fn1 The facts and issues are stated in our prior opinion *fn2 and are not here repeated.

The only contentions not considered in our prior opinion are that defendant's instruction 15 did not follow the IPI form, was confusing, prejudicial to plaintiff, unduly accentuated the application of the statutes to riders of bicycles and would create the impression that the sections quoted therein were applicable only to bicycle riders.

Upon consideration of this instruction in the context of all of the instructions given, we are of the opinion that the jury could not have been misled, nor the plaintiff prejudiced thereby. The judgment of the Circuit Court of St. Clair County is affirmed.

Judgment affirmed.

EBERSPACHER and MORAN, JJ., concur.


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