Opinion
Gen. No. 40,863. (Abstract of Decision.)
Opinion filed January 19, 1942
AUTOMOBILES AND MOTOR VEHICLES, § 132.1 — child riding on back of truck injured, negligence as jury question. Where a child of tender years, along with some other children, was riding on the back of a truck and at the time he was getting off the truck, or just as he was off, the truck backed up and struck him, it was a question for the jury whether the driver, in the exercise of due care, knew or ought to have known that there were children at the rear of the truck who would be endangered through backing it up.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. PETER H. SCHWABA, presiding.
Affirmed. Heard in first division, first district, this court at October term, 1939.
John A. Bloomingston, for appellants;
Werner W. Schroeder, Corwin D. Querrey, Murphy O. Tate and Theodore W. Schroeder, for appellee.
"Not to be published in full." Opinion filed January 19, 1942.