Categories: Illinois Appellate Court Opinions

HOPE v. DOLAN, 324 Ill. App. 515 (1944)

58 N.E.2d 312

Harry L. Hope and Myra D. Hope, Appellees, v. Peter Dolan, Appellant.

Gen. No. 43,064. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed December 13, 1944 Released for publication January 4, 1945

AUTOMOBILES AND MOTOR VEHICLES, § 166.3[*] — when error to grant plaintiffs new trial on weight of evidence. In action for damages, claimed as result of collision, in daytime, at town street intersection, between plaintiffs’ automobile and defendant’s automobile, latter of which cars had come from right of plaintiffs’ car, held that jury’s verdict finding plaintiffs guilty of negligence and assessing damages on defendant’s counterclaim was not against manifest weight of, but was in accordance with, evidence, and that trial court’s action in granting new trial to plaintiffs, on weight of evidence, was abuse of discretion.

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

Appeal from the Superior Court of Cook county; the Hon. JOHN P. McGOORTY, Judge, presiding. Order reversed and cause remanded with directions. Heard in the third division, first district, this court; opinion filed December 13, 1944.

Page 516

Beckman, Healy, Reid ough, for appellant;

William W.H Curran, of counsel.

Wyatt Jacobs and Walter A. Christopher, for appellees.

Opinion by PRESIDING JUSTICE BURKE.

Not to be published in full. Opinion filed December 13, 1944; released for publication January 4, 1945.

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