Opinion
Gen. No. 40,614. (Abstract of Decision.)
Opinion filed October 31, 1939. Rehearing denied November 15, 1939.
AUTOMOBILES AND MOTOR VEHICLES, § 241 — intersection collision between street car and truck; when verdict for plaintiff unwarranted. In action by street car passenger against street car company for injuries sustained when street car allegedly entered intersection against traffic light and was struck by a truck, judgment for plaintiff was reversed as against the weight of the evidence, where four witnesses supported plaintiff, ten supported the defendant, and defendant was prejudiced by plaintiff voluntarily dismissing the cause against the owner and operator of the truck at the conclusion of plaintiff's evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. PETER H. SCHWABA, presiding. Reversed and cause remanded for a new trial. Heard in second division, first district, at February term, 1939; opinion filed October 31, 1939; rehearing denied November 15, 1939.
Frank L. Kriete, Anson H. Brown and Arthur J. Donovan, for appellants; John R. Guilliams, of counsel; V. Russell Donaghy, for appellee; David A. Schallman and Leo G. Hanna, of counsel.
"Not to be published in full."