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Griffin v. Illinois Bell Telephone Co.

Citations: 180 N.E.2d 228; 34 Ill. App. 2d 87; 1962 Ill. App. LEXIS 462Docket: Gen. 10,367

Court: Appellate Court of Illinois; February 19, 1962; Illinois; State Appellate Court

Narrative Opinion Summary

The case involves a 16-year-old passenger injured in an automobile accident with a truck operated by Illinois Bell Telephone Company, driven by an employee. The incident occurred when the car, driven by a third party, collided with the truck. The central legal issue involved negligence claims against Illinois Bell for purported violations of Sections 51 and 113 of the Uniform Act regulating highway traffic. The trial court directed a verdict for the defendant, finding no evidence of negligence or proximate cause. On appeal, the plaintiff contended that statutory violations should be considered prima facie evidence of negligence, arguing that the jury should determine proximate cause. The appellate court reversed the lower court's decision, emphasizing the need for a jury to assess whether the truck's speed impeded traffic flow, potentially contributing to the accident. The defendants' status as a public utility was discussed, with an emphasis on their duty to exercise care when using highways for operational purposes. The case was remanded for a new trial, focusing on the alleged slow speed statute violation, with concurrence from the judges involved.

Legal Issues Addressed

Application of 'Slow Speed' Statute

Application: The jury must determine if the defendant's truck speed of 7 to 10 miles per hour impeded normal traffic flow, constituting a violation of the 'slow speed' statute.

Reasoning: The jury must determine if the truck's speed of 7 to 10 miles per hour impeded normal traffic flow and if this contributed to the incident.

Negligence and Proximate Cause

Application: The court must determine if there was evidence of negligence or proximate cause linking the defendant's actions to the accident, which was initially ruled as absent by the trial court.

Reasoning: The lower court ruled in favor of the defendant, finding no evidence of negligence or proximate cause linking the defendant's actions to the accident.

Responsibility of Public Utilities on Highways

Application: The defendant, as a public utility, claims a right to obstruct the highway but must exercise this right responsibly.

Reasoning: The defendant, as a public utility, claims a right to obstruct the highway for service maintenance, but this right must be exercised responsibly.

Statutory Violations as Prima Facie Evidence of Negligence

Application: Plaintiff argues that violations of Sections 51 and 113 of the Uniform Act regulating highway traffic serve as prima facie evidence of negligence.

Reasoning: Plaintiff alleges negligence against the defendant for violating Sections 51 and 113 of the Uniform Act regulating highway traffic.