Opinion
Gen. No. 42,395. (Abstract of Decision.)
Opinion filed May 10, 1943
AUTOMOBILES AND MOTOR VEHICLES, § 125 — contributory negligence of driver having right of way. Under statute providing that vehicles traveling on State highway shall have right of way, driver of vehicle on such highway does not have right of way regardless of presence or situation of other vehicles approaching or on intersection thereof, and where evidence disclosed that plaintiff motorist having right of way was guilty of negligence which caused intersectional collision, and that accident would not have occurred if plaintiff as he approached intersection had been traveling at proper rate of speed and with his car under control, judgment of trial court for defendant would be affirmed (Ill. Rev. Stat. 1941, ch. 95 1/2, par. 167; Jones Ill. Stats. Ann. 85.199).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. MICHAEL FEINBERG, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the October term, 1942.
Guy C. Guerine, for appellant;
Beverly Klaskin, for appellee;
Samuel T. Klaskin, of counsel.
"Not to be published in full." Opinion filed May 10, 1943.