ROSS v. CRANK, 303 Ill. App. 25 (1939)

24 N.E.2d 403

Roland K. Ross, Administrator of Estate of Gordon Lee Ross, Deceased, Appellee, v. Russell Crank, Appellant.

Gen. No. 9,468. (Abstract of Decision.)Appellate Court of Illinois, Second District.
Opinion filed December 15, 1939.

AUTOMOBILES AND MOTOR VEHICLES, § 167[*] — pedestrian struck by motorist, sufficiency of evidence. In action for wrongful death, verdict for plaintiff was not supported by evidence, where deceased was walking north at night on highway, and was struck by defendant driving south, the collision occurring about 18 inches west of the center line, in defendant’s traffic lane, at time when defendant was traveling 40 to 50 miles per hour with his lights on.

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

Appeal from Circuit Court of Peoria County; Hon. JOSEPH E. DAILY, presiding. Reversed and remanded. Heard in this court at October term, 1939; opinion filed December 15, 1939.

Champion Gaskins, for appellant; E. V. Champion and F. J. Lee, of counsel; Herget Hoffman, for appellee; Roscoe Herget, of counsel.

Opinion by JUSTICE HUFFMAN.

“Not to be published in full.”