Miller v. Baltimore O. S.W. R. Co.

Full title: Wesley Miller, Appellee, v. Baltimore, and Ohio Southwestern Railroad…

Court: Appellate Court of Illinois

Date published: Oct 25, 1946

330 Ill. App. 129 (Ill. App. Ct. 1946)

70 N.E.2d 263

Opinion

Gen. No. 9,512. (Abstract of Decision.)

Opinion filed October 25, 1946 Rehearing denied December 28, 1946 Released for publication December 30, 1946

AUTOMOBILES AND MOTOR VEHICLES, § 227^_ — motion for judgment notwithstanding verdict as denied when evidence tended to prove material allegations of complaint. In action to recover for personal injuries sustained when automobile which plaintiff was driving was struck by defendant's railroad car, trial court did not err in denying motion for judgment for defendant notwithstanding verdict, for reason that evidence most favorable to plaintiff fairly tended to prove material allegations of complaint and in such circumstances motion must be denied.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Christian county; the Hon. JAMES G. BURNSIDE, Judge, presiding.

Affirmed. Heard in this court at the October term, 1946;

Graham Graham and Hershey Bliss, for appellant;

Williams A. Eggers, of counsel;

Hogan Coale and Carl H. Preihs, for appellee.

Opinion by PRESIDING JUSTICE DADY.

Not to be published in full. Opinion filed October 25, 1946; rehearing denied December 28, 1946; released for publication December 30, 1946.