Opinion
Gen. No. 9,810. (Abstract of Decision.)
Opinion filed July 20, 1944 Opinion modified and rehearing denied October 3, 1944
AUTOMOBILES AND MOTOR VEHICLES, § 240 — when verdict for wrongful death of automobile passenger not against weight of evidence. In action for wrongful death of automobile passenger who was fatally injured when, in nighttime, automobile in which he was riding was struck at city street crossing by defendant's passenger train, which, was running at speed of 70 miles at time it passed crossing, held that, under evidence, verdict for plaintiff was not against manifest weight of evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Henry county; the Hon. LEONARD E. TELLEEN, Judge, presiding.
Judgment affirmed. Heard in this court at the May term, 1944; opinion filed July 20, 1944.
Milton V. Thompson, Eaton Adams, Henry Waterman and Carl A. Melin, for appellants.
Joseph L. Shaw and Ogden H. Chamberlain, for appellee.
Not to be published in full. Opinion modified and rehearing denied October 3, 1944.