Opinion
Gen. No. 40,790. (Abstract of Decision.)
Opinion filed December 27, 1939. Rehearing denied January 10, 1940.
AUTOMOBILES AND MOTOR VEHICLES, § 167 — collision with truck parked at edge of highway, sufficiency of evidence. Where plaintiff's tow truck was parked at edge of four-lane highway, with two wheels off the highway, to repair a chain which was dragging, the truck had four red lights and a white spotlight burning, and defendant ran into the rear of the truck at a speed of 40 to 45 miles per hour although it was a foggy night, evidence did not support judgment against plaintiff, nor for wife of defendant motorist whose action had been consolidated in same suit.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook County; Hon. HARRY FLANDERS, presiding. Judgment in favor of Schmidt in the case of Lamesch v. Schmidt reversed and the cause remanded for a new trial. Judgment in favor of Lamesch in the counterclaim of Schmidt v. Lamesch reversed and the cause remanded for a new trial. Judgment in favor of Katherine Schmidt in the case of Katherine Schmidt v. Lamesch reversed and the cause remanded for a new trial. Heard in second division, first district, at June term, 1939; opinion filed December 27, 1939; rehearing denied January 10, 1940.
Guy C. Guerine, for appellant;
Beverly Klaskin, for appellees.
"Not to be published in full."