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Miller v. Cummings

Appellate Court of Illinois, Chicago, First District
May 29, 1944
323 Ill. App. 297 (Ill. App. Ct. 1944)

Opinion

Gen. No. 42,588. (Abstract of Decision.)

Opinion filed May 29, 1944

CARRIERS, § 837.1when Appellate Court is not justified in substituting its judgment for that of jury and trial court in case of accident to person attempting to board streetcar. In action for personal injuries sustained by plaintiff when, as alleged by him, streetcar, which had stopped and which he was attempting to board, started up suddenly with jerk and he was thrown to ground, wherein evidence was in direct conflict but trial court approved jury's verdict for plaintiff, held that Appellate Court was not justified on printed record in substituting its judgment for that of jury and trial court.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. MICHAEL FEINBERG, Judge, presiding. Affirmed.

Affirmed. Heard in the first division, first district, this court at the February term, 1943.

Frank L. Kriete, Warner H. Robinson and Arthur J. Donovan, for appellants;

William J. Flaherty, of counsel;

H.H. Patterson, for appellee;

Edmund C. Maurer, of counsel.


Not to be published in full. Opinion filed May 29, 1944.


Summaries of

Miller v. Cummings

Appellate Court of Illinois, Chicago, First District
May 29, 1944
323 Ill. App. 297 (Ill. App. Ct. 1944)
Case details for

Miller v. Cummings

Case Details

Full title:Charles C. Miller, Appellee, v. Walter J. Cummings and Daniel C. Green…

Court:Appellate Court of Illinois, Chicago, First District

Date published: May 29, 1944

Citations

323 Ill. App. 297 (Ill. App. Ct. 1944)
55 N.E.2d 403