Opinion
Gen. No. 10,319. (Abstract of Decision.)
Opinion filed April 21, 1949 Rehearing denied July 28, 1949 Released for publication August 1, 1949
AUTOMOBILES AND MOTOR VEHICLES, § 117 — sufficiency of evidence of negligence of passing motorist. In action for injuries sustained when defendant's automobile, passing plaintiff's truck from rear on two-lane highway, was thrown against truck after colliding with codefendant's oncoming truck, evidence that defendant was traveling at 50 miles per hour, that his visibility did not exceed 150 feet due to dense fog, and that defendant failed to return to right side of highway before coming within 100 feet of codefendant's truck, which was apparently standing still when hit by defendant's automobile, was sufficient to warrant submission of cause against defendant to jury and justified verdict and judgment for plaintiff (Ill. Rev. Stat. 1947, ch. 95 1/2, pars. 146, 151, 155; Jones Ill. Stats. Ann. 85.178, 85.183, 85.187).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Peoria county; the Hon. JOHN T. CULBERTSON, JR., Judge, presiding.
Judgment affirmed. Heard in this court at the October term, 1948.
Clarence W. Weyl, for appellant;
O'Hern, Alloy O'Hern, for appellee;
Jay J. Alloy and Charles V. O'Hern, Jr., of counsel.
Not to be published in full. Opinion filed April 21, 1949; rehearing denied July 28, 1949; released for publication August 1, 1949.