#### Tomasz Narkiewicz, Appellee, v. Valentine Wachowski, Appellant.

Gen. No. 22,008.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in this court at the October term, 1915.

Affirmed.

Opinion filed March 7, 1916.

Rehearing denied March 20, 1916.

Certiorari denied by Supreme Court (making opinion final).

Statement of the Case.

Action in assumpsit by Tomasz Narkiewicz, plaintiff, against Valentine Wachowski, defendant. From a judgment against him, defendant appeals.

This is a second appeal. The material facts in the case are contained in the decision on the previous appeal. See Narkiewicz v. Wachowski, 183 Ill. App. 318.

Cheney & Evans, for appellant; White & Wilson, of counsel.

Beach & Beach, for appellee.

*215Abstract of the Decision.

1. Appeal and ebbob, § 1411 * —when verdict on conflicting evidence not disturbed. A verdict will not be disturbed as against the manifest weight of evidence where the evidence is in sharp conflict and a verdict might have been rendered for a larger sum.

2. Trial, § 191*—when motion to direct verdict properly denied. A motion to direct a verdict is properly denied where the questions raised are merely those of fact.

3. Appeal and ebbob, § 1088*—what brief must contain. The Appellate Court will not go to the record to ascertain the facts as to misconduct of counsel for the purposes of reversal where the particular conduct complained of does not appear in appellant’s brief.

4. Appeal and ebbob, § 1413*—when verdict not disturbed. When two juries, as well as two trial judges, have concluded that the plaintiff’s claim is meritorious and there is no substantial or prejudicial error apparent in the record, the Appellate Court will not disturb the judgment appealed from.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Holdom

delivered the opinion of the court.