Opinion
Gen. No. 43,395. (Abstract of Decisions.)
Opinion filed December 18, 1945 Released for publication January 2, 1946
AUTOMOBILES AND MOTOR VEHICLES, § 166 — verdicts as against manifest weight of evidence when based on conflicting testimony. In action to recover damages for personal injuries alleged to have been sustained as result of negligent operation of truck by defendant, where it appeared that plaintiffs were injured as they were crossing street at intersection on crosswalk at point about even with safety island, and evidence was conflicting as to whether plaintiffs were on raised portion of safety island or on crosswalk when they were injured, held that it was incumbent upon plaintiffs to show with reasonable certainty where they were at time of injury and verdicts for plaintiffs were against manifest weight of evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. BENJAMIN P. EPSTEIN, Judge, presiding.
Judgments reversed and cause remanded for a new trial. Heard in the second division, first district, this court at the June term, 1945.
Arthur F. Gruenwald and C. Helmer Johnson, for appellant;
Lederer, Livingston, Kahn Adsit and Clarence M. Dunagan, for appellees;
Clarence M. Dunagan, of counsel.
Not to be published in full. Opinion filed December 18, 1945; released for publication January 2, 1946.