West Chicago St. R. R. Co. v. Lieserowitz

Mr. Presiding Justice Windes

delivered the opinion of the court.

Appellant claims, but it is not argued, that the evidence is not sufficient to justify the verdict, and that the judgment should be reversed without remanding. From what we shall say under the next contention of appellant, we think it will be clearly apparent that the facts of the case present an issue which should have been determined by a jury.

Next, the claim is made that the judgment is contrary to the preponderance of the evidence. In this regard it is argued that because the plaintiff’s case, as to the circumstances of the…