Opinion
Gen. No. 43,258. (Abstract of Decision.)
Opinion filed April 30, 1945 Rehearing denied May 14, 1945 Released for publication May 14, 1945
AUTOMOBILES AND MOTOR VEHICLES, § 167.2 — when parking ordinance instruction constitutes prejudicial error. On review of judgment for plaintiff, in action for death of 4-year-old girl who was fatally injured when, in daytime, she was struck, in crossing city street, by automobile which had swerved from its course allegedly to avoid hitting taxicab which, in order to discharge passenger, had stopped on left-hand side of street on which it had been traveling, held that, under evidence, instruction, based on city's parking ordinance, was prejudicial and that, for that reason, judgment was required to be reversed and cause remanded.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. DONALD S. McKINLAY, Judge, presiding.
Reversed and remanded. Heard in the first division, first district, this court at the October term, 1944.
Miller, Gorham, Wescott Adams, for appellants;
Herbert C. DeYoung and Charles F. White, of counsel;
Joseph D. Ryan, Louis G. Davidson and Louis P. Miller, for appellee.
Not to be published in full. Opinion filed April 30, 1945; rehearing denied May 14, 1945; released for publication May 14, 1945.