Hardware State Bank v. Cotner

Hardware State Bank, as administrator of the estate of Jerry Lee Kidwell, deceased, filed an action against Edward Cotner, Jr., in the circuit court of Moultrie County for wrongful death. (Ill. Rev. Stat. 1967, ch. 70, par. 1 et seq.) A jury found for plaintiff and awarded damages in the amount of $55,958.90. Judgment was entered pursuant thereto. The appellate court, one justice dissenting, reversed, holding that deceased’s freedom from contributory negligence had not been established as a matter of law (Hardware State Bank v. Cotner, 7 Ill. App. 3d 212), and we granted plaintiff’s petition…