Wayne v. Freeport Motor Casualty Co.

Full title: Ruth Schikora Wayne, Appellee, v. Freeport Motor Casualty Company…

Court: Appellate Court of Illinois, First District

Date published: Jun 10, 1946

329 Ill. App. 185 (Ill. App. Ct. 1946)

67 N.E.2d 425

Opinion

Gen. No. 43,715. (Abstract of Decision.)

Opinion filed June 10, 1946 Released for publication July 1, 1946

AUTOMOBILES AND MOTOR VEHICLES, § 66.1^_ — when verdict on automobile indemnity policy was not against manifest weight of evidence. In action against insurance company, commenced when judgment against holder of indemnity policy, in action alleging negligence of driver of his automobile resulted in injuries to plaintiff, remained unsatisfied, where defendant contended that it was not notified by assured of such action and therefore was not liable to plaintiff, and it appeared that witness for plaintiff testified that he handed summons to employee of insurance company and was told it would be taken care of, which was denied by defendant, held that since issue of fact was peculiarly for jury, verdict for plaintiff was not against manifest weight of evidence.

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

Appeal from the Circuit Court of Cook county; the Hon. THOMAS J. COURTNEY, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the April term, 1946.

Eckert Peterson, for appellant;

Burt A. Crowe and Carl E. Abrahamson, of counsel;

Joseph F. Elward, for appellee;

Philip Conley, of counsel.

Opinion by PRESIDING JUSTICE MATCHETT.

Not to be published in full. Opinion filed June 10, 1946; released for publication July 1, 1946.