Alaimo v. Du Pont

MR. PRESIDING JUSTICE KILEY

delivered the opinion of the court.

This is an action under the Wrongful Death Act, Ill. Rev. Stats. 1953, ch. 70, §§ 1 and 2 [Jones Ill. Stats. Ann. 38.01, 38.02], joined with an action for the use of an insurer to recover from defendant the amount of an award made pursuant to the Workmen’s Compensation Act, Ill. Rev. Stats. 1953, ch. 48, § 138.5, subd. (b) [Jones Ill. Stats. Ann. 143.68, subd. (b)]. Defendant was charged with negligence which caused decedent’s death. The court directed a verdict for defendant at the close of plaintiffs’ case and judgment was…