Moss v. Wagner

This is a suit for damages for personal injuries sustained by the plaintiff in a car accident claimed to have been caused by the defendant’s negligence. The jury awarded the plaintiff $19,000, but the trial court, pursuant to defendant’s motion, entered judgment for the defendant notwithstanding the verdict. Defendant’s alternative motion for a new trial was denied. The Appellate Court affirmed the judgment for the defendant, (36 Ill. App. 2d 86) and we granted leave to appeal.

About 9:30 A.M. on June 27, 1953, the plaintiff was driving east on East Grant Highway, which was also U.S. Route 20,…