Witzig v. Illinois Power Co.

The single issue in this case is whether or not the plaintiff’s own discovery deposition contains admissions which convict him of contributory negligence so that the trial court was justified in granting the defendant’s motion for summary judgment. The trial court held that it did and there being no triable issue of fact on this point, entered a judgment in favor of the defendant in bar of plaintiff’s suit. Plaintiff appeals.

This court has had occasion recently to consider the rules applicable to summary judgment, Brooks v. Dean Berenz Asphalt Co., Inc., 83 Ill App2d 258, 227 NE2d 100, and…