Theodore J. Mayer v. Frank Petzelt

KILEY, Circuit Judge.

This is an appeal by plaintiff following the second trial of a diversity personal injury action against a Crystal' Lake, Illinois, policeman. The first trial resulted in a $25,000 verdict for plaintiff, but a new trial was granted defendant. At the second trial on liability alone, the jury returned a general verdict for plaintiff with a special interrogatory against him on the question of due care. The District Court, notwithstanding the verdict for plaintiff, entered judgment 1 for defendant.

While driving at night in Crystal Lake, plaintiff violated a traffic law. He…