Opinion
Gen. No. 42,496. (Abstract of Decision.)
Opinion filed May 19, 1944.
AUTOMOBILES AND MOTOR VEHICLES, § 143.7 — error in collision case in refusing defendants' judgments notwithstanding verdicts for plaintiff motorcyclist. In action to recover for personal injuries suffered by motorcyclist when he collided with rear of automobile which had stopped in the middle of the block to make a left turn, where evidence showed that plaintiff had been following defendants' car for some time at about 15 miles per hour and that when the automobile stopped he swung to the right and was pinched between defendants' car and a parked automobile, held that trial court erred in refusing to enter judgments for defendants notwithstanding the verdicts, since the fact that plaintiff ran into the car ahead of him afforded at least some evidence that he was following either too fast or too close, for a driver, to be in the exercise of good care, must always be prepared to stop within the range of his assured and visual freedom of action.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. E.I. FRANKHAUSER, Judge, presiding.
Reversed and remanded with directions. Heard in the third division, first district, this court at the December term, 1942.
Samuel Levin, for appellants; E.R. Shaw, of counsel.
Royal W. Irwin, for appellee.
Not to be published in full. Opinion filed May 19, 1944.