Opinion
Gen. No. 44,238. (Abstract of Decision.)
Opinion filed May 24, 1948 Released for publication June 8, 1948
AUTOMOBILES AND MOTOR VEHICLES, § 143.7 — error in judgment notwithstanding verdict in death case. In action for death of pedestrian who was struck by defendant's tractor while standing on safety island waiting for Street car, whether driver of tractor who at time of accident was on his way to a hotel for purposes of sleeping was acting within scope of his employment was for jury; hence, allowance of defendant's motion for judgment notwithstanding verdict for plaintiff was error.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. THOMAS J. LYNCH, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the October term, 1947.
Heth, Lister Flynn, for appellant;
Ross, Berchem Schwantes, for appellee.
Not to be published in full. Opinion filed May 24, 1948; released for publication June 8, 1948.