Opinion
Gen. No. 42,801. (Abstract of Decision.)
Opinion filed March 8, 1944
AUTOMOBILES AND MOTOR VEHICLES, § 167.4 — when Appellate Court not warranted in disturbing verdicts for plaintiffs in personal injuries action. In action for personal injuries sustained by passengers in one of defendant's cabs when, in daytime, at village street intersection, there was collision between cab and automobile which had approached from cab's right, held, on defendant's appeal from verdicts and judgments for plaintiffs, that it was function of jury to determine credibility of witnesses and to determine whether defendant was negligent and whether negligence of its driver was proximate cause of accident, and that Appellate Court would not be justified, upon record presented, in disturbing verdicts on ground that they were 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. EZRA CLARK, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the October term, 1943.
W. Harold Rutherford and Richard E. Keogh, for appellant;
Fay Warren Johnson, of counsel;
Joseph D. Ryan, Louis P. Miller and Clausen, Hirsh Miller, for appellees.
Not to be published in full. Opinion filed March 8, 1944.