Opinion
Gen. No. 43,824. (Abstract of Decision.)
Opinion filed June 25, 1947 Rehearing denied July 17, 1947 Released for publication July 18, 1947
STREET RAILWAYS, § 131 — pedestrian injured by street car, verdict for as against manifest weight of evidence. Verdict in favor of pedestrian, allegedly struck in daytime by northbound street car while he was crossing intersection on north crosswalk, was against manifest weight of evidence where it was undisputed that after accident pedestrian was lying at or beyond north end of 100-foot safety island which was north of crosswalk and only one occurrence witness besides pedestrian testified in his behalf, whose testimony was self-contradictory as to where he was standing on safety island and point at which pedestrian was struck, whereas several disinterested witnesses for defendant gave consistent versions of accident to effect that pedestrian undertook to cross street at point several feet north of crosswalk and walked or ran into side of southbound street car as it approached safety island.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PAUL McWILLIAMS, Judge, presiding.
Reversed and remanded for new trial. Heard in the third division, first district, this court at the October term, 1946.
James O. Dwight, W.F. McLaughlin and Arthur J. Donovan, for appellants;
William J, Flaherty and William S. Allen, of counsel;
James A. Dooley, for appellee.
Not to be published in full. Opinion filed June 25, 1947; rehearing denied July 17, 1947; released for publication July 18, 1947.