(DOWNLOAD) "Mccormack v. Haan" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: Mccormack v. Haan
- Author : Supreme Court of Illinois
- Release Date : January 29, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The plaintiff brought this action to recover for personal injuries she sustained while riding as a guest in a car driven by her brother-in-law, Patrick L. McGann. The McGann car was struck by a car owned by Thomas Haan and driven by his minor son, Wayne T. Haan. Of the four occupants of the McGann car, only the plaintiff survived. The defendants were the two Haans and Neil M. Foulds, administrator of the estate of Patrick L. McGann. The jury returned a verdict of not guilty as to the Haans and a verdict of $15,000 for the plaintiff against the administrator. Judgment was entered upon both verdicts. The administrator appealed from the judgment against him, and the plaintiff cross-appealed from the judgment in favor of the Haans. The Appellate Court held that the abstract did not properly present the errors relied upon by the plaintiff in her cross-appeal against the Haans, and affirmed the judgment in their favor. No question concerning that aspect of the case is now before us. Upon the administrator's appeal, the Appellate Court held that ""the testimony of plaintiff constituted binding judicial admissions which made it the duty of the trial court to direct a verdict in favor of the defendant administrator"" and reversed the judgment. (McCormack v. Haan, 23 Ill. App.2d 87, 98.) We allowed the plaintiff's petition for leave to appeal.