ORR v. HERZOG

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Docket Number

Gen. No. 43,433. (Abstract of Decisions.)

Attorney(S)

Samuel Levin, for appellant; Errett O. Graham, for cross appellant; Ross, Berchem Schwantes, for certain appellee; John P. Roche, pro se.

Judges

Opinion by JUSTICE NIEMEYER.

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Mabel Orr, Appellee and Cross Appellant, v. Sidney Herzog and John P. Roche, Cross Appellees, and Harold Schencker, Appellant. Appeal of Harold Schencker, Appellant.

AUTOMOBILES AND MOTOR VEHICLES, § 143.2 — defendant as not entitled to directed verdict when reasonable minds might differ as to whether his acts were negligent. In action for personal injuries arising out of accident involving several automobiles, where one of defendants appealed from judgment entered against him, contending that court should have directed verdict in his favor, held that since reasonable minds might differ as to whether defendant should have acted other than he did, his negligence was question of fact rather than one of law, and judgment should be affirmed.

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

Opinion by JUSTICE NIEMEYER.

Not to be published in full. Opinion filed January 7, 1946; rehearing denied January 21, 1946; released for publication January 21, 1946.

Mabel Orr, Appellee and Cross Appellant, v. Sidney Herzog and John P. Roche, Cross Appellees, and Harold Schencker, Appellant. Appeal of Harold Schencker, Appellant.

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