Osgood v. Chicago & North Western Railway Co.

Mr. Presiding Justice McSurely

delivered the opinion of the court.

On the trial of an action to recover for damages to his automobile, plaintiff had a verdict for $278.60. From the judgment thereon defendant appeals.

The facts tending to show negligence of defendant’s servant whereby the defendant’s locomotive ran into and collided with plaintiff’s automobile are not discussed in the brief. The only question presented is whether section 18 of the Practice Act, ch. 110, as amended in 1925, Cahill’s St. 1927, ch. 110, ¶ 18, applies. This amendment is as follows:

“Any proceeding or suit at law or in…