HERRINGTON v. COLONIAL LIFE & ACCIDENT INS. CO.

No. 11267.

133 Ill. App.2d 814 (1970)

264 N.E.2d 53

LAWRENCE JOHN HERRINGTON Plaintiff-Appellee, v. COLONIAL LIFE & ACCIDENT INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied December 7, 1970.


Attorney(s) appearing for the Case

Craig & Craig, of Mattoon, (William E. Larrabee and Donald E. Castles, of counsel,) for appellant.

Glenn & Logue, of Mattoon, (Thomas J. Logue, of counsel,) for appellee.


Judgment reversed.

Mr. JUSTICE SMITH delivered the opinion of the court:

The plaintiff lost his eyesight when he was struck by a stream of phosphoric acid released from a valve at the rear of a tank trailer filled with liquid fertilizer. A jury verdict of $7,500.00 was approved by the trial court and post-trial motion denied. The single issue is whether or not the plaintiff was injured "as a result of accident sustained * * * by * * * explosion of * * * heavy...

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