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Ruth Schikora Wayne, Appellee, v. Freeport Motor Casualty Company, Appellant.

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.

Opinion by PRESIDING JUSTICE MATCHETT.

Not to be published in full.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

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WAYNE v. FREEPORT MOTOR CASUALTY CO
(Jun 10, 1946)