Opinion
Gen. No. 41,219. (Abstract of Decision.)
Opinion filed June 19, 1940
AUTOMOBILES AND MOTOR VEHICLES, § 113.1 — truck swerved to avoid child, evidence of negligence. In action for personal injuries and property damage sustained as result of automobile collision, judgment for plaintiff would be reversed and cause remanded for new trial, where plaintiff's automobile was struck by truck owned by defendant coming from opposite direction, there was evidence that defendant's driver swerved to avoid child who suddenly entered street from behind a parked car, and plaintiff had made statements to insurance adjuster as to sudden appearance of the child, although he denied the truth of such statements and explained that he had made them to prevent defendant's driver from losing his job.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. RAY D. HENSON, presiding.
Reversed and remanded. Heard in third division, first district, this court at April term, 1940.
Kirkpatrick, Mathias Meloy, for appellant;
Harry Meloy, of counsel;
Guy C. Guerine, for appellee.
"Not to be published in full." Opinion filed June 19, 1940.