JACOBSON v. CHICAGO MOTOR COACH CO., 328 Ill. App. 131 (1946)

65 N.E.2d 142

Gen. No. 43,464. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed February 14, 1946 Released for publication February 26, 1946

AUTOMOBILES AND MOTOR VEHICLES, § 117.3[*] — verdict based on uncorroborated and contradicted testimony of plaintiff as against manifest weight of evidence. On appeal from judgment entered on verdict for plaintiff in action to recover damages for personal injuries allegedly sustained when automobile in which plaintiff was riding collided with defendant’s bus when it stopped suddenly, where it appeared that plaintiff’s version of accident was not corroborated by single witness or by any fact in evidence and was contradicted by six witnesses, five of whom were disinterested, held that verdict was against manifest weight of evidence.

Page 132

Appeal from the Superior Court of Cook county; the Hon. RUDOLPH F. DESORT, Judge, presiding.

Judgment reversed and cause remanded for new trial. Heard in the second division, first district, this court at the October term, 1945.

Barrett, Barrett, Costello Barrett, for appellant;

Errett O. Graham, for appellee.

Opinion by JUSTICE SULLIVAN.

Not to be published in full. Opinion filed February 14, 1946; released for publication February 26, 1946.