BENNIS v. CHICAGO TRANSIT AUTHORITY

Gen. No. 48,229.

33 Ill. App.2d 334 (1961)

179 N.E.2d 421

John Allen Bennis, Administrator With the Will Annexed of the Estate of William J. Bennis, Deceased, Plaintiff-Appellee, v. Chicago Transit Authority, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

December 5, 1961.


Attorney(s) appearing for the Case

William J. Lynch and William S. Allen, and Michael A. Gerrard and James E. Hastings, all of Chicago (James E. Hastings, of counsel), for appellant.

Joseph Barbera, of Chicago (Charles D. Snewind, of counsel), for appellee.


MR. JUSTICE BRYANT delivered the opinion of the court:

This is an appeal from a judgment on the verdict awarding plaintiff the maximum of $20,000 in an action for wrongful death. Defendant's post-trial motions for a judgment notwithstanding the verdict or in the alternative for a new trial were denied. The principal grounds relied on by defendant in this appeal are: (1) There is no evidence, direct or circumstantial, that the decedent was exercising due care for his...

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