Penn Ex Rel. Riley v. Progressive General Insurance

MR. PRESIDING JUSTICE DRUCKER

delivered the opinion of the court.

This is an appeal from a judgment in favor of plaintiff and against the garnishee-defendant, and a cross-appeal from the denial of plaintiff’s motion to tax costs and attorney’s fees under section 41 of the Civil Practice Act.

An action was brought by the plaintiff, Ernest Riley, against Martha J. Penn to recover the property damage resulting from the alleged negligence of the latter in driving into his parked automobile. Judgment was entered in favor of plaintiff upon a verdict returned by the jury, and no appeal was taken…