Opinion
Gen. No. 41,865. (Abstract of Decision.)
Opinion filed June 19, 1942 Rehearing denied July 1, 1942
AUTOMOBILES AND MOTOR VEHICLES, § 177 — as to contributory negligence in collision of street car and automobile. In an action to recover damages for injuries sustained when plaintiff's automobile collided with a street car, and it was charged that the motorman made a left turn without keeping a proper lookout, or giving warning, or giving plaintiff the right of way, where there was testimony that the street car turned sharply without giving the customary warning and the plaintiff when he saw the street car swinging toward him turned to avoid it but was struck by a corner of the street car, plaintiff was not guilty of contributory negligence as a matter of law, and a verdict and judgment in his favor was affirmed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. MICHAEL FEINBERG, presiding.
Judgment affirmed. Heard in second division, first district, this court at October term, 1941.
Frank L. Kriete, Charles E. Green and Arthur J. Donovan, for appellants;
John R. Guilliams and William J. Flaherty, of counsel;
Wachowski Tyrakowski, for appellee;
Casimir R. Wachowski, of counsel.
"Not to be published in full." Opinion filed June 19, 1942; rehearing denied July 1, 1942.