Leoni v. McMillan

Mr. Presiding Justice John J. Sullivan

delivered the opinion of the court.

This appeal seeks to reverse a judgment entered December 5,1935, by the circuit court upon the verdict of a jury finding defendant, James H. McMillan, not guilty, in an action brought by plaintiff, Agata Leoni, administratrix of the estate of Salvatore Leoni, deceased, against defendant for damages for wrongfully causing the death of said Salvatore Leoni, her husband.

The first count of plaintiff’s declaration alleged that Salvatore Leoni was walking on and upon North avenue, near Maywood, Cook county, Illinois; that he…