Opinion
Gen. No. 44,534. (Abstract of Decision.)
Opinion filed May 18, 1949 Rehearing denied June 15, 1949 Released for publication June 17, 1949
AUTOMOBILES AND MOTOR VEHICLES, § 120.1 — sufficiency of evidence to warrant verdict and judgment for injured motorcyclist. In motorcyclist's action for injuries sustained when right front corner of defendant's milk truck struck motorcyclist's left leg when truck unexpectedly turned to the right while motorcyclist was attempting to pass it from the rear in a business district, evidence warranted verdict and judgment for motorcyclist on ground that sole cause of accident was defendant's violation of statutes requiring that right turns be made as close as practical to right hand curb and the giving of appropriate signals of intention to turn, as against contention that motorcyclist failed to sustain burden of proving that he was operating motorcycle under proper control and at a reasonable speed in view of conditions prevailing at intersection (Ill. Rev. Stat. 1947, ch. 95 1/2, pars. 146, 154, 159, 162; Jones Ill. Stats. Ann. 85.178, 85.186, 85.191, 85.194).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. THOMAS J. LYNCH, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the October term, 1948.
Philip S. Campbell, for appellants;
Arthur A. Wolf, for appellee;
Percival Thompson, of counsel.
Not to be published in full. Opinion filed May 18, 1949; rehearing denied June 15, 1949; released for publication June 17, 1949.