HOLLAND v. CHICAGO TRANSIT AUTHORITY, 337 Ill. App. 100 (1949)

84 N.E.2d 861

William A. Holland, Appellee, v. Chicago Transit Authority, Appellant.

Gen. No. 44,471. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed March 16, 1949 Released for publication April 11, 1949

STREET RAILWAYS, §§ 147-153[*] sufficiency of evidence. In 34-year-old chemist’s action for injuries claimed to have been received when he fell after catching his heel on a bolt or screw protruding from surface of platform in vestibule on defendant’s streetcar, defended on ground that chemist had, in violation of ordinance, boarded the car while it was in motion, judgment for chemist was reversed and cause remanded for further proceedings on ground that judgment was against manifest weight of evidence on issues of proximate cause and due care.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from the Superior Court of Cook County the Hon. PETER H. SCHWADA, Judge, presiding.

Judgment reversed and cause remanded with directions. Heard in the third division, first district, this court at the June term, 1948.

Werner W. Schroeder, William S. Allen, Harry I. Parsons and Arthur J. Donovan, for appellant;

John A. Zvetina and Henry Pollenz, for appellee.

Opinion by PRESIDING JUSTICE BURKE.

Not to be published in full. Opinion filed March 16, 1949; released for publication April 11, 1949.

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