Opinion
Gen. No. 40,638. (Abstract of Decision.)
Opinion filed October 31, 1939.
AUTOMOBILES AND MOTOR VEHICLES, § 167 — child playing ball near street, new trial after verdict for defendant. Where child playing ball between sidewalk and curb entered street and was struck by defendant's automobile, plaintiff's witnesses testifying that defendant proceeded at high rate of speed despite sign warning of proximity of school, and that he skidded more than 40 feet after applying his brakes and broke a piece out of the curb, reviewing court would not disturb trial court's action in granting new trial after verdict for defendant.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JOHN T. CUMMINGS, presiding. Affirmed. Heard in second division, first district, at April term, 1939; opinion filed October 31, 1939.
Braun Brodie, for appellant; John A. Bloomingston and Robert Cantwell, Jr., for appellee.
"Not to be published in full."