Krug v. Armour & Co.

Full title: William Krug et al., Appellees, v. Armour and Company et al., Appellants

Court: Appellate Court of Illinois

Date published: Dec 30, 1947

335 Ill. App. 222 (Ill. App. Ct. 1947)

80 N.E.2d 386

Opinion

Gen. No. 43,906. (Abstract of Decision.)

Opinion filed December 30, 1947 Rehearing denied February 10, 1948 Released for publication July 27, 1948

AUTOMOBILES AND MOTOR VEHICLES, § 112.1^_ — conflicting evidence as to lights on stalled vehicle. In action for personal injuries sustained by occupants of two automobiles as result of nighttime collision on highway, between the automobiles and rear end of defendant's truck which had been stopped on highway because of mechanical difficulties, where it appeared that one of the automobiles collided with rear of truck, and immediately thereafter another automobile crashed into rear of first automobile, it was function of jury, upon conflicting evidence, to determine whether stalled truck was without lights, and court on appeal would not be justified in holding that verdict in favor of plaintiffs was against manifest weight of evidence.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. JOHN F. HAAS, Judge, presiding.

Judgments affirmed. Heard in the second division, first district, this court at the October term, 1946.

Miller, Gorham, Wescott Adams, for appellants;

Edward R. Adams and Herbert C. De Young, of counsel;

J. Theodore Kiggins, Louis L. Williams and A.J.W. Appell, for appellees;

A.J.W. Appell, of counsel.

Opinion by PRESIDING JUSTICE FRIEND.

Not to be published in full. Opinion filed December 30, 1947; rehearing denied February 10, 1948; released for publication July 27, 1948