Martukis v. Keyt

Appellate Court of Illinois

Martukis v. Keyt

186 Ill. App. 279

CourtAppellate Court of Illinois

DecidedApril 15, 1914

DocketGen. No. 5,854

StatusPublished

This text of 186 Ill. App. 279 (Martukis v. Keyt) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martukis v. Keyt, 186 Ill. App. 279 (Ill. Ct. App. 1914).

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Opinion

Mr. Justice Carnes

delivered the opinion of the court.

Abstract of the Decision. 1. Automobiles and gabages, § 3*—when finding of jury as to contributory negligence controlling. In an action for injuries sustained by plaintiff by being struck by a taxicab owned by defendant while plaintiff was attempting to cross a street, a verdict for plaintiff held controlling on the question whether plaintiff was guilty of contributory negligence, though it appeared from the record that the accident might have been caused by the combined negligence of the plaintiff and the driver of the car. 2. Instructions, § 94*—when instruction to disregard testimony of witness inaccurately worded. The giving of an instruction: “The court instructs the jury as a matter of law that if you believe from the evidence that any of the witnesses have wilfully testified falsely to any material fact in evidence then you will be entitled to entirely disregard any of the evidence of this witness in so far as his testimony is not corroborated by other competent evidence,” held reversible error, in that the instruction uses the word “competent” instead of the word “credible” or other words of like import.

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Mr. Justice Carnes

delivered the opinion of the court.

Abstract of the Decision. 1. Automobiles and gabages, § 3*—when finding of jury as to contributory negligence controlling. In an action for injuries sustained by plaintiff by being struck by a taxicab owned by defendant while plaintiff was attempting to cross a street, a verdict for plaintiff held controlling on the question whether plaintiff was guilty of contributory negligence, though it appeared from the record that the accident might have been caused by the combined negligence of the plaintiff and the driver of the car. 2. Instructions, § 94*—when instruction to disregard testimony of witness inaccurately worded. The giving of an instruction: “The court instructs the jury as a matter of law that if you believe from the evidence that any of the witnesses have wilfully testified falsely to any material fact in evidence then you will be entitled to entirely disregard any of the evidence of this witness in so far as his testimony is not corroborated by other competent evidence,” held reversible error, in that the instruction uses the word “competent” instead of the word “credible” or other words of like import.

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Bluebook (online)

186 Ill. App. 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martukis-v-keyt-illappct-1914.