Opinion
Gen. No. 43,917. (Abstract of Decision.)
Opinion filed May 20, 1947 Released for publication June 9, 1947
AUTOMOBILES AND MOTOR VEHICLES, § 114 — parked truck, driver struck while standing alongside of. In action for injuries sustained by fruit and vegetable peddler while standing alongside his truck parked on city street when struck by defendant's truck, jury was justified in finding that defendant's driver was negligent and that peddler was not contributorily negligent where there was nothing to obstruct driver's view and he admitted that he saw peddler standing by his truck, that he continued to stand there until struck and that alleged automobile approaching from opposite direction did not cause driver to swerve, and where there was evidence from which jury could conclude that driver's conduct in looking downward in search of something in his truck immediately preceding and at time of impact was proximate cause of accident.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. EZRA CLARK, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the December term, 1946.
Robert D. Thompson, for appellant;
Richard E. Keogh, of counsel;
J.W. Horwitz and Abraham B. Litow, for appellee;
Lester E. Williams, of counsel.
Not to be published in full. Opinion filed May 20, 1947; released for publication June 9, 1947.