Hurley v. Tipton

The plaintiff filed this suit for the alleged wrongful death of his testator. The jury returned a verdict of not guilty, and this appeal is from the judgment thereon.

It is contended for plaintiff that the verdict is contrary to the manifest weight of the evidence, and that the court erred in allowing a special interrogatory as to contributory negligence of the plaintiff.

There was no eyewitness to the collision exeept the defendant, and he was incompetent under Sec 2 of the Evidence Act. Persons who arrived on the scene after-wards told of the conditions of the road, weather, position of cars,…