Opinion
Opinion filed October 28, 1940 Rehearing denied February 20, 1941
AUTOMOBILES AND MOTOR VEHICLES, § 117.6 — collision with pedestrian, sufficiency of evidence. Where there was evidence that plaintiff was in the exercise of due care in standing in front of his disabled truck, which stood at the edge of the highway with the right wheels on the shoulder, with front and rear lights burning, and that defendant approached from the rear driving his truck at a speed in excess of 45 miles an hour and because of failure to maintain a proper look-out collided with disabled truck and struck plaintiff, lower court erred in granting defendant judgment notwithstanding verdict, and reviewing court entered judgment for plaintiff on verdict for $15,000.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Madison county; Hon. DICK H. MUDGE, presiding.
Reversed and judgment entered here. Heard in this court at May term, 1940.
Mason Flynn and Philip G. Listeman, for appellant;
Whitnel, Browning, Listeman Walker, of counsel;
Warnock, Williamson Burroughs and Gillespie, Burke Gillespie, for appellee;
M.L. Burroughs, William G. Horsley and Lous F. Gillespie, of counsel.
"Not to be published in full." Opinion filed October 28, 1940, rehearing denied February 20, 1941.