Opinion
Gen. No. 9,706. (Abstract of Decision.)
Opinion filed January 27, 1942
AUTOMOBILES AND MOTOR VEHICLES, § 117.2 — stopping unlighted truck on highway as proximate cause of accident. In an action by an administratrix to recover damages for the wrongful death of her deceased occasioned when the car which the deceased was driving collided with the rear of defendant's truck, which was stopped on the highway, there was sufficient evidence for the plaintiff that there were no lights on the truck or flares set out and it further appeared that the truck driver could have driven his truck off the pavement and onto a shoulder to replace a tire dragging on the pavement, and his failure to do so proximately caused the accident and injuries to deceased, and a verdict and judgment for plaintiff were proper.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Kankakee county; Hon. JAMES V. BARTLEY presiding.
Affirmed. Heard in this court at October term, 1941.
Gower, Gray Gower, for appellants.
Vernon G. Butz and David Allison, for appellee.
"Not to be published in full." Opinion filed January 27, 1942.