Bartels v. McGarvey

Mr. Presiding Justice Culbertson

delivered the opinion of the court.

This is an appeal from a judgment entered upon a verdict in the circuit court of Madison county, Illinois, wherein a jury returned a verdict finding the appellee, Donald McGarvey (hereinafter called defendant) not guilty in an action for damages for the wrongful death of plaintiff’s deceased.

This case was heretofore before this court in Bartels v. McGarvey, 327 Ill. App. 206, when same was reversed and remanded for another trial. The cause was retried and the defendant prevailed. Motion for new trial having been overruled,…