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Mae Sulli v. n, Administratrix of Estate of Robert C. Sulli

AUTOMOBILES AND MOTOR VEHICLES, § 120.1 — when verdict for defendant in action for wrongful death of bicyclist not against manifest weight of evidence. Verdict for defendant in action for wrongful death of 15-year-old bicyclist who apparently lost control while riding under viaduct to right of defendant's adjacent truck, struck curb and was catapulted over handlebars, at about same time that outer right rear tire of defendant's truck blew out, was not against manifest weight of evidence, since plaintiff's conclusions, drawn from physical facts, that either noise of blow-out startled deceased and caused him to veer against side of truck or that truck swerved to right against bicycle, did not necessarily prevail over testimony by eyewitnesses that there was no physical contact between bicycle and truck.

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

Opinion by PRESIDING JUSTICE LEWE.

Not to be published in full. Opinion filed November 20, 1946; rehearing denied December 4, 1946; released for publication December 5, 1946.

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SULLIVAN v. UNION TRANSFER CO
(Nov 20, 1946)