O'Gara v. Kane

Plaintiff, Patrick O’Gara, brought suit to recover for personal injuries received when an automobile in which he was a passenger collided with a horse owned by Dr. C. C. Kane, defendant, on Route 40, St. Clair County, Illinois, on November 2, 1971. At the close of all the evidence the defendant moved for and was granted a directed verdict from which plaintiff appeals.

The issue presented is whether the court erred in directing a verdict for the defendant. This is controlled, as both parties recognize in their briefs, by the rule enunciated in Pedrick v. Peoria & Eastern R.R. Co., 37 Ill. 2d…