Opinion
Gen. No. 43,313. (Abstract of decision.)
Opinion filed June 25, 1945 Released for publication July 19, 1945
AUTOMOBILES AND MOTOR VEHICLES, § 171 — when verdict for defendant warranted in action for death of motorist in collision with bridge girder. In action against city for death of motorist who collided with unlighted girder or abutment in center of bridge or viaduct over railroad tracks on city street late at night, where it appeared street was 42 feet wide, with street car tracks on each side of girder; that girder, which had been in place 50 years and supported surface of street, was 1 foot wide, 28 inches high, and ran entire 580-foot length of bridge; that there was a street light at curb 26 feet away diagonally from end of girder with which decedent collided; that decedent had just overtaken and passed a car ahead of him, and collided with the girder with such force that his car traveled 20 or 30 feet on top of it; hold that issues of negligence and contributory negligence were for jury under the evidence and that verdict for defendant was warranted.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. EZRA J. CLARK, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the February term, 1945.
Gardner, Morrow, Fowler Merrick, for appellant;
Walter M. Fowler, of counsel.
Barnet Hodes, Corporation Counsel, for appellee;
J. Herzl Segal and Adam E. Patterson, Assistant Corporation Counsel, of counsel.
Not to be published in full. Opinion filed June 25, 1945; released for publication July 19, 1945.