Opinion
Gen. No. 44,427. (Abstract of Decision.)
Opinion filed May 24, 1948 Released for publication June 8, 1948
AUTOMOBILES AND MOTOR VEHICLES, § 138 — contributory negligence of motorist. Where defendant motorist, while passing snowplow, struck automobile of third person proceeding in opposite direction and who then stopped, and plaintiff's automobile thereafter ran into rear of third person's automobile, and such collision was result of skidding of defendant's automobile because of snow on pavement, and there was no evidence of wilful and wanton conduct by defendant, plaintiff's failure to keep his automobile under such control and far enough behind third person's automobile so that plaintiff could avoid colliding with it if it stopped suddenly was contributory negligence as matter of law, and plaintiff could not recover for damages to his automobile.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. EUGENE J. HOLLAND, Judge, presiding.
Reversed. Heard in the first division, first district, this court at the April term, 1948.
Samuel Levin and Arnold F. Berger, for appellant;
Robert E. Dunne, for appellee;
John T. McGrath, of counsel.
Not to be published in full. Opinion filed May 24, 1948; released for publication June 8, 1948.