Opinion
Gen. No. 41,639. (Abstract of Decision.)
Opinion filed May 19, 1941
AUTOMOBILES AND MOTOR VEHICLES, § 141 — contributory negligence of pedestrian, as jury question. Where pedestrian crossing street in middle of block was struck by defendant's cab when she emerged from behind standing automobiles, the cab being partially on the wrong side of the street, question of contributory negligence was for the jury, and instruction on plaintiff's failure to look in direction of approaching cab was properly refused because it directed a verdict but ignored issue as to whether cab was on wrong side of street, it took from the jury the question whether failure to look under the circumstances amounted to negligence, and whether such assumed negligence was proximate cause of the injury.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. E.I. FRANKHAUSER, presiding.
Affirmed. Heard in first division, first district, this court at February term, 1941.
Jesmer Jesmer, for appellants;
Julius Jesmer and Chester L. Harris, of counsel;
Sher Karlin, for appellee;
Leo S. Karlin, of counsel.
"Not to be published in full." Opinion filed May 19, 1941.