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FINNEGAN v. DAVIS

No. 15075.

68 Ill. App.3d 118 (1979)

385 N.E.2d 1103

PAUL J. FINNEGAN, Indiv. and as Adm'r of the Estate of James W. Finnegan, Deceased, Plaintiff-Appellant, v. DAVID L. DAVIS, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied March 8, 1979.

Attorney(s) appearing for the Case

Ross E. Canterbury and David R. Aplington, both of Westervelt, Johnson, Nicoll & Keller, of Peoria, for appellant.

Herbolsheimer, Lannon and Henson, P.C., of LaSalle (Robert M. Hansen and R.J. Lannon, Jr., of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

This case presents the question of whether in a tort negligence action tried by a jury, the jury's answer to a special interrogatory finding the plaintiff's decedent not guilty of contributory negligence may be inconsistent with and, therefore, control over the jury's general verdict for the defendant.

We rule that it may under the unusual circumstances of this case, where...

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