Goldberg v. Philpott

Heidler Co. v. Wilson Bennett Co.
243 Ill. App. 89 (Ill. App. Ct. 1926) Cited 20 times
Tort - Negligence
In Heidler Hardware Lumber Co. v. Wilson Bennett Mfg. Co., 243 Ill. App. 89, 96, the court said: "It (the statule) does not contemplate that the right may be invoked when the car from the right is so far from the intersection at the time the car from the left enters upon it, that, with both running within the recognized limits of speed, the latter will reach the line of crossing before the former will reach the intersection."
It was a question for the jury to decide on all the evidence. Other cases in which this court has had occasion to apply this statute to various situations, and in which, the decisions involved the question as one of fact, are Salmon v. Wilson, 227 Ill. App. 286; Zapf v. Kutten, 229 Ill. App. 406; Darling Co. v. Yellow Cab Co., 238 Ill. App. 326; Owitz v. Chindbloom, 239 Ill. App. 674; Goldberg v. Philpott, 240 Ill. App. 669, and Boyda Dairy Co. v. Walsh, 242 Ill. App. 633. In the Salmon case the defendant contended that the trial court erred in refusing to instruct the jury that he had the right of way, as a matter of law, under the statute, inasmuch as he was approaching the intersection from the right.