Opinion
Gen. No. 42,880. (Abstract of Decision.)
Opinion filed February 28, 1944 Rehearing denied March 14, 1944
AUTOMOBILES AND MOTOR VEHICLES, § 226.1 — when question of contributory negligence of plaintiff in streetcar collision case is question for jury. In action for personal and property damages, claimed to have been sustained when, in daytime, plaintiff's tractor and trailer were struck at city street intersection by defendants' streetcar which had approached from plaintiff's left, held that, under evidence, question of contributory negligence on part of plaintiff could not be disposed of as matter of law but was question for jury, and that defendants were not entitled to directed verdict in their favor on ground of alleged existence of such negligence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. WILLIAM J. LINDSAY, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the October term, 1943.
Frank L. Kriete, Charles E. Green and Arthur J. Donovan, for appellants;
William J. Flaherty, of counsel;
Cohon Goldstein, for appellee.
Not to be published in full. Opinion filed February 28, 1944; rehearing denied March 14, 1944.