Opinion
Gen. No. 44,158. (Abstract of Decision.)
Opinion filed June 20, 1949 Released for publication July 18, 1949
AUTOMOBILES AND MOTOR VEHICLES, §§ 116, 206 — evidence in action for injuries to alighting street car passenger. In action by street car passenger for injuries sustained when she was struck by defendant's automobile while alighting from codefendant's street car, evidence that defendant, after following street car for some distance, decided to pass it while it was stopped, that defendant drove his automobile so close to platform of street car that passenger was struck before having both feet on ground, and that defendant was traveling 15 or 18 miles per hour and gave no warning of his approach established a prima facie case of negligence and wilful and wanton negligence requiring that those issues be submitted to jury, but codefendant was not liable under evidence failing to show that place where street car stopped was more dangerous than usual stopping place.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. FRANCIS B. ALLEGRETTI, Judge, presiding.
Affirmed in part, reversed in part and remanded.
Heard in the first division, first district, this court at the October term, 1947;
Irving N. Stenn, for appellant;
Charles T. Shanner, of counsel;
Joseph P. Brodie, William S. Allen, Harry I. Parsons and Arthur J. Donovan, for certain appellees;
William E. Corrigan and Werner W. Schroeder, of counsel.
Not to be published in full. Opinion filed June 20, 1949; released for publication July 18, 1949.