Opinion
Gen. No. 40,844. (Abstract of Decision.)
Opinion filed May 20, 1940 Rehearing denied June 3, 1940
AUTOMOBILES AND MOTOR VEHICLES, § 112.1 — highway collision, sufficiency of evidence. In action for wrongful death of motorist killed in collision with truck, judgment for defendant was proper, where evidence showed that defendant's truck was being driven on the opposite side of the street because the right-hand side was under construction, one of plaintiff's witnesses made contradictory statements as to which way decedent's car was swerved, and several independent witnesses testified they did not see the truck swerve into decedent's car, as several of plaintiff's had testified.
See Callaghan's Illinois Digest, same topic and section number.
O'CONNOR, J., dissenting.
Appeal from Circuit Court of Cook county; Hon. RAY D. HENSON, presiding.
Affirmed. Heard in first division, first district, this court at October term, 1939.
Raymond F. Kelly, for appellant;
McKenna Harris, for appellees;
James J. McKenna and Burrell J. Cramer, of counsel.
"Not to be published in full." Opinion filed May 20, 1940; rehearing denied June 3, 1940.