Opinion
Gen. No. 44,258. (Abstract of Decision.)
Opinion filed March 1, 1949 Released for publication April 26, 1949
AUTOMOBILES AND MOTOR VEHICLES, §§ 117.62, 128 — pedestrian's verdict as against manifest weight of evidence. In action for injuries sustained by sixty-two-year old pedestrian who was struck by defendant's automobile while crossing avenue near intersection with boulevard after dark, verdict for pedestrian was against manifest weight of evidence where it was uncontroverted that pedestrian, who had reached a point near center of avenue when traffic light changed from green to amber, left crosswalk before reaching safety island and was walking up middle of avenue between moving traffic when accident happened, and defendant was observing traffic signals and following other automobiles at a reasonable rate of speed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. DONALD S. McKINLAY, Judge, presiding.
Judgment reversed and cause remanded for a new trial. Heard in the second division, first district, this court at the October term, 1947.
Vogel Bunge, for appellant;
L.H. Vogel, George O. Bunge, Robert L. Howard, and Forrest S. Blunk, of counsel;
Joseph P. Power, Marion J. Hannigan, and Leo S. Karlin, for appellee;
Leo S. Karlin, of counsel.
Not to be published in full. Opinion filed March 1, 1949; released for publication April 26, 1949.