Opinion
Gen. No. 41,582. (Abstract of Decision.)
Opinion filed April 28, 1941
AUTOMOBILES AND MOTOR VEHICLES, § 143.7 — judgment n.o.v., motorcycle knocked into pedestrian. Where motorcyclist and motorist going in the same direction collided and motorcycle was knocked onto sidewalk and struck plaintiff, a pedestrian, it was error for lower court to grant defendant motorcyclist a judgment n.o.v., because jury might have believed it was his duty to let the motorist, who was a little ahead of him, pass, in order to swing to his right and avoid a stopping street car, and upon reversal of judgment n.o.v. cause would be remanded for lower court to pass on defendant's alternative motion for new trial.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. E.I. FRANKHAUSER, presiding.
Reversed and remanded with directions. Heard in first division, first district, this court at October term, 1940.
Edward J. Green and Robert Friedlander, for appellant;
Robert Friedlander, of counsel;
Burt A. Crowe, for appellees.
"Not to be published in full." Opinion filed April 28, 1941.