Opinion
Gen. No. 10,301. (Abstract of Decision.)
Opinion filed March 8, 1949 Released for publication March 26, 1949
AUTOMOBILES AND MOTOR VEHICLES, § 153.2 — instruction in collision case. In action for damages sustained when defendant's automobile, traveling on a preferential state highway, collided with plaintiff's automobile at an intersection, instructing for defendant that if jury found that plaintiff violated statute dealing with vehicles entering upon or crossing preferential highways by failing to bring his automobile to a complete stop and failing to yield the right of way when to do so was necessary to avoid a collision and that such failure was negligence which proximately contributed to cause damages of which plaintiff complained, then jury should find defendant not guilty was not error, where such instruction was in accordance with theory of defendant's defense and had a foundation in the evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of DuPage county; the Hon. WIN G. KNOCH, Judge, presiding.
Judgment affirmed. Heard in this court at the October term, 1948.
Reuel H. Grunewald, for appellant;
Francis M. Cooper, of counsel;
Hadley Leren, for appellee;
Palmer Leren, of counsel.
Not to be published in full. Opinion filed March 8, 1949; released for publication March 26, 1949.