Opinion
Gen. No. 42,389. (Abstract of Decision.)
Opinion filed February 2, 1944
STREET RAILWAYS, § 173 — when verdict is properly directed for defendants in action for injury to pedestrian struck by streetcar. In action for injury to plaintiff pedestrian who was struck by defendants' streetcar as plaintiff was in act of crossing street for purpose of boarding car, held that trial court properly directed verdict for defendants at close of plaintiff's case, since, although defendants admitted that evidence properly considered on their motion tended to prove negligence on their part, evidence, taken as true, with inferences therefrom considered most strongly in plaintiff's favor did not tend to prove that plaintiff, at time of accident, was herself in exercise of due care.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. GROVER C. NIEMEYER, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the October term, 1942.
Harry George, for appellant;
Frank L. Kriete, Warner H. Robinson and Arthur J. Donovan, for appellees;
William J. Flaherty, of counsel.
Not to be published in full. Opinion filed February 2, 1944.