Opinion
Gen. No. 43,406. (Abstract of Decisions.)
Opinion filed January 7, 1946 Released for publication January 21, 1946
STREET RAILWAYS, § 173 — when it was error to direct verdict by reason of doubt raised under evidence. In action for damages for personal injuries sustained when street car in which plaintiff was passenger collided with truck, where defendant made motion for directed verdict which was allowed and from which plaintiff appealed, and it appeared that conductor on car was inexperienced and his testimony was contradicted by plaintiff, held that in view of doubt raised under evidence, case should have gone to jury and it was error to direct verdict.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. CHARLES A. WILLIAMS, Judge, presiding.
Reversed and remanded. Heard in the first division, first district, this court at the June term, 1945.
Miller Moss and J.J. Klepak, for appellant;
Kellam Foster, of counsel;
Frank L. Kriete, W.F. McLaughlin and Arthur J. Donovan, for appellees;
William J. Flaherty, of counsel.
Not to be published in full. Opinion filed January 7, 1946; released for publication January 21, 1946.