Smith v. A. Salavitch and Son, Inc.

Full title: Edward L. Smith, Administrator of Estate of E. W. Smith, Deceased…

Court: Appellate Court of Illinois, First District

Date published: May 22, 1940

305 Ill. App. 495 (Ill. App. Ct. 1940)

27 N.E.2d 851

Opinion

Gen. No. 40,988. (Abstract of Decision.)

Opinion filed May 22, 1940 Rehearing denied June 14, 1940

AUTOMOBILES AND MOTOR VEHICLES, § 117.3^_ — intersection collision, evidence. In action for injuries sustained by motorists as result of intersection collision with truck, lower court properly granted judgment for plaintiffs, where evidence showed that truck was driven onto a through highway in front of plaintiff's automobile, driver testifying that he did not see plaintiffs although if he had looked he would have seen them.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Superior Court of Cook county; Hon. JOSEPH SABATH, presiding.

Affirmed. Heard in third division, first district, this court at October term, 1939.

John A. Bloomingston, for appellants;

Weinberg, Kjellander O'Farrell and Finn Miller, for appellees;

Richard G. Finn, of counsel.

Opinion by PRESIDING JUSTICE DENIS E. SULLIVAN.

"Not to be published in full." Opinion filed May 22, 1940; rehearing denied June 14, 1940.