HUYLER v. CITY OF CHICAGO, 326 Ill. App. 555 (1945)

62 N.E.2d 574

Gen. No. 43,215. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed June 29, 1945 Rehearing denied September 6, 1945 Released for publication September 18, 1945

AUTOMOBILES AND MOTOR VEHICLES, § 207[*] — when verdict for motorist driving into pole on safety island not against manifest weight of evidence. In action for injuries to motorist who drove into light pole on safety island on rainy night, where evidence indicated that pole was difficult to see at night; that there had been 9 previous similar accidents during one-year period following its erection, all involving cars going in same direction as plaintiff, and there was testimony that light on pole as well as street lights were out on night in question; that striped lines on pole were permitted to become dirty and indistinct; that plaintiff had driven over crossing a number of times; and evidence that plaintiff had partaken of intoxicants was disputed, held that verdict for plaintiff for $100,000, predicated on defendant’s negligence in failing to maintain safety island and light pole so as to give proper notice to motorists of its presence, was not against manifest weight of evidence, and not excessive, plaintiff, age 44, earning $17,000 per year, having become mentally incompetent as result of injuries sustained.

Appeal from the Circuit Court of Cook county; the Hon. GEORGE W. BRISTOW, Judge, presiding.

Judgment affirmed. Heard in the third division, first district, this court at the October term, 1944.

Barnet Hodes, Corporation Counsel, for appellant;

J. Herzl Segal and L. Louis Karton, Assistant Corporation Counsel, of counsel;

Herman Pollak and Smith, Bundesen, White Raynor, for appellee.

Opinion by PRESIDING JUSTICE BURKE.

Not to be published in full. Opinion filed June 29, 1945; rehearing denied September 6, 1945; released for publication September 18, 1945.