Opinion
Gen. No. 43,423. (Abstract of Decision.)
Opinion filed November 20, 1946 Rehearing denied December 4, 1946 Released for publication December 5, 1946
AUTOMOBILES AND MOTOR VEHICLES, § 120.1 — when verdict for defendant in action for wrongful death of bicyclist not against manifest weight of evidence. Verdict for defendant in action for wrongful death of 15-year-old bicyclist who apparently lost control while riding under viaduct to right of defendant's adjacent truck, struck curb and was catapulted over handlebars, at about same time that outer right rear tire of defendant's truck blew out, was not against manifest weight of evidence, since plaintiff's conclusions, drawn from physical facts, that either noise of blow-out startled deceased and caused him to veer against side of truck or that truck swerved to right against bicycle, did not necessarily prevail over testimony by eyewitnesses that there was no physical contact between bicycle and truck.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN F. BOLTON, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the June term, 1945;
Joseph D. Ryan, for appellant;
James J. McKenna, for appellee;
Edward A. Drels, of counsel.
Not to be published in full. Opinion filed November 20, 1946; rehearing denied December 4, 1946; released for publication December 5, 1946.