Opinion
Gen. No. 40,743. (Abstract of Decision.)
Opinion filed December 13, 1939.
APPEAL AND ERROR, § 1710 — finding that defendant was not guilty of negligence after new trial granted upon appeal, conclusiveness. In action for wrongful death of minor on charge that defendant sold him cartridges in violation of city ordinance, where Appellate Court had granted new trial after judgment for plaintiff, and by stipulation testimony at first trial was only evidence considered at second trial, Appellate Court would not reverse finding for defendant by court without jury.
See Callaghan's Illinois Digest, same topic and section numbers.
Appeal from Circuit Court of Cook County; Hon. DANIEL P. TRUDE, presiding. Affirmed. Heard in third division, first district, at June term, 1939; opinion filed December 13, 1939.
Hector A. Bouillet, for appellant; Abraham Miller, of counsel; Joseph C. Pisha and Ewart Harris, for appellee.
"Not to be published in full."