Opinion
Gen. No. 42,536. (Abstract of Decision.)
Opinion filed May 18, 1945 Rehearing denied June 8, 1945 Released for publication June 8, 1945
AUTOMOBILES AND MOTOR VEHICLES, § 132.1 — circumstantial evidence as warranting directed verdict for insufficiency of proof of negligence. In action for wrongful death of motorist in collision with defendant's oil truck on highway at night, where accident was unwitnessed but circumstantial evidence indicated vehicles were traveling in opposite directions; that the truck was on its proper side of the road; and that decedent's automobile sideswiped truck at point behind cab, direction of verdict for defendant held warranted for insufficiency of proof of negligence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the December term, 1942.
Guy C. Guerine and McKinley Price, for appellant;
Guy C. Guerine and Paul E. Price, of counsel;
Gardner, Carton Douglas, for appellees;
Erwin W. Roemer and James A. Velde, of counsel.
Not to be published in full. Opinion filed May 18, 1945; rehearing denied June 8, 1945; released for publication June 8, 1945.