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Robinson, Admx. v. Workman

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eBook details

  • Title: Robinson, Admx. v. Workman
  • Author : Supreme Court of Illinois
  • Release Date : January 25, 1956
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

Rehearing denied November 19, 1956. On December 3, 1953, a complaint was filed in the circuit court of Fulton County by Bertie Lee Robinson, as administratrix,
to recover money damages for the wrongful death of her husband, James Robinson, which allegedly resulted from an automobile
collision caused by the wilful and wanton misconduct of the defendant, William F. Workman, in driving his automobile, in which
decedent was riding as a guest, in such an erratic manner as to strike a machine being driven by one Karolyn Woodcock. In
his answer, the defendant admitted that at the time of the accident, Robinson was riding with him as his guest, but denied
that he was driving the automobile in question or that he was guilty of any improper conduct. Upon trial being had, the cause
was submitted to a jury which returned a verdict for the plaintiff in the sum of $20,000. After motions for judgment notwithstanding
the verdict and for a new trial were overruled, appeal was prosecuted by the defendant to the Appellate Court of Illinois,
Third District, which reversed and remanded the cause to the trial court on the ground that the verdict was against the manifest
weight of the evidence. (7 Ill. App.2d 42.) Thereafter, plaintiff filed a motion and affidavit pursuant to section 75 of our
Civil Practice Act, (Ill. Rev. Stat. 1953, chap. 110, par. 199,) and the remanding clause was stricken and final judgment
against the plaintiff was rendered thereon. Leave to appeal has now been granted by this court.


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