Opinion
Gen. No. 43,262. (Abstract of Decision.)
Opinion filed November 6, 1945 Released for publication November 20, 1945
APPEAL AND ERROR, § 1688 — when jury's verdict is not sustainable. Where defendants appealed from judgment for plaintiff in action to recover damages for injuries suffered when plaintiff fell in street car, where it appeared that plaintiff's theory of fact was supported by his testimony alone, whereas six witnesses supported defendants' theory of fact, of which three were apparently entirely disinterested, held that jury's verdict could not be sustained.
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 December term, 1944.
Frank L. Kriete, Warner H. Robinson and Arthur J. Donovan, for appellants;
William J. Flaherty, of counsel;
Alexander J. Reiff, Joseph A. McInerney and Ode L. Rankin, for appellee.
Not to be published in full. Opinion filed November 6, 1945; released for publication November 20, 1945.