Opinion
Gen. No. 9,575. (Abstract of Decision.)
Opinion filed February 14, 1941
AUTOMOBILES AND MOTOR VEHICLES, § 167 — pedestrian struck by, evidence and instructions. Where 12-year-old girl was struck by defendant's automobile after she had almost crossed the highway after stopping at some mail boxes on the opposite of the road, and two eyewitnesses testified that defendant was driving between 40 and 50 miles per hour and that he swerved his car in the same direction the girl was running, lower court properly found girl was not contributorily negligent as a matter of law, instructions concerning rights of motorists and pedestrians did not tend to mislead the jury, complaint charging general negligence supported instruction concerning failure to sound horn, and any error in plaintiff's instruction pertaining to motorist's duty to lessen speed or stop to avoid pedestrian was cured by defendant's instruction.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Winnebago county; Hon. WILLIAM L. PIERCE, presiding.
Affirmed. Heard in this court at October term, 1940.
Frank E. Maynard, for appellant;
Walker P. Hull, B. Jay Knight and John E. Goembel, for appellee;
Frederick H. Haye, of counsel.
"Not to be published in full." Opinion filed February 14, 1941.