Summary
In Macabee v. Miller, 316 Ill. App. 157, 44 N.E.2d 341 (abst opinion), the ownership and operation of a certain device originally was admitted.
Summary of this case from McGourty v. ChiapettiOpinion
Gen. No. 42,390. (Abstract of Decision.)
Opinion filed October 26, 1942
APPEAL AND ERROR, § 1672 — appeal from grant of new trial. In an action by plaintiff to recover for spinal injuries alleged to have been received on a loop-o-plane amusement device operated by one of the defendants and the jury found the defendants not guilty and a new trial was granted, on the propriety of trial court's order, an instruction that plaintiff assumed normal risks arising out of the usual operation of the device was properly given the jury, an original answer drawn under misapprehension of facts was properly excluded, and the verdict was not contrary to the weight of the evidence, and the order granting the new trial was reversed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. JOHN J. LUPE, presiding.
Reversed and remanded with directions. Heard in first division, first district, this court at. October term, 1942.
Lord, Bissell Kadyk, for appellants;
Bruce S. Parkhill, of counsel;
Irving G. Zazove, for appellees.
"Not to be published in full." Opinion filed October 26, 1942.