Hollingshead Motors Co. v. Crogan

Full title: Hollingshead Motors Company, Appellant, v. James L. Crogan, Trading as…

Court: Appellate Court of Illinois, First District

Date published: Feb 9, 1949

Facts

Hollingshead Motors Company filed a statement of claim in the municipal court of Chicago against James L. Crogan, doing business as Ridgeland Garage, for damages to the plaintiff’s automobile of which the defendant was bailee. A trial before the court and a jury resulted in a verdict for the defendant. The court overruled the plaintiff’s motions for judgment notwithstanding the verdict and for a new trial and entered judgment on the verdict. Plaintiff appealed.

The defendant, residing at 7300 Blackstone Avenue, Chicago, operated a garage located at 1747 East 71st Street, Chicago. The garage was on the south side of the street. It was a one-story brick building with a frontage of 100 feet, a depth of 175 or 180 feet, and would accommodate about 80 cars. There were two doors in front and one in the back of the garage. There was an alley in the back. The garage was heated by steam by a coal-burning boiler in the basement, which boiler was under the southwest corner of the building. The cars in the garage were parked headed west on the east wall. In the middle of the garage the cars were parked back to back and on the west wall, they were parked headed east. They were parked so that there were two aisles in the garage. There was a turn-around door at the back.

Issue

Decision

 As heretofore stated, the burden of proof was on the plaintiff to prove its case. Whether the defendant’s evidence was sufficient to overcome the prima facie case made out by the plaintiff was for the jury to decide. We find that under all the facts and circumstances in the record, the case was fairly presented to the jury. Finding no reversible error, the judgment of the municipal court of Chicago is affirmed.

Judgment affirmed.

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