Summary
In Matheis v. Aharonian, 324 Ill. App. 82, 57 N.E.2d 140 the court reversed an order setting aside a jury verdict for defendant and ordering a new trial.
Summary of this case from Daly v. VinciOpinion
Gen. No. 42,770. (Abstract of Decision.)
Opinion filed October 11, 1944 Released for publication October 27, 1944
AUTOMOBILES AND MOTOR VEHICLES, § 167.4 — when plaintiff will not be granted new trial of collision case in which verdict was for defendant. On defandant's appeal from order setting aside verdict in his favor and awarding new trial to plaintiff, who sued for personal injuries, allegedly received by her as result of collision, in highway intersections, between motor vehicle in which she was riding and car of defendant, held that, because of state of record on issue of plaintiff's injuries and their proximate cause, injustice would be done defendant by putting him to expense and inconvenience of another trial, on grounds urged by plaintiff, and, for that reason, order granting new trial would be reversed and cause would be remanded with directions to trial court to proceed in due course.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. F.B. ALLEGRETTI, Judge, presiding. Reversed and remanded with directions. Heard in the third division, first district, this court at the June term, 1943.
Eckert Peterson, for petitioner-appellant;
A.R. Peterson, J. Hayden MacDonald and Owen Rall, of counsel.
Erich E. Pacyna, for respondent-appellee.
Not to be published in full. Opinion filed October 11, 1944; released for publication October 27, 1944.