From Casetext: Smarter Legal Research

Kearney v. Spiniola

Appellate Court of Illinois, First District
May 10, 1943
319 Ill. App. 251 (Ill. App. Ct. 1943)

Opinion

Gen. No. 42,395. (Abstract of Decision.)

Opinion filed May 10, 1943

AUTOMOBILES AND MOTOR VEHICLES, § 125contributory negligence of driver having right of way. Under statute providing that vehicles traveling on State highway shall have right of way, driver of vehicle on such highway does not have right of way regardless of presence or situation of other vehicles approaching or on intersection thereof, and where evidence disclosed that plaintiff motorist having right of way was guilty of negligence which caused intersectional collision, and that accident would not have occurred if plaintiff as he approached intersection had been traveling at proper rate of speed and with his car under control, judgment of trial court for defendant would be affirmed (Ill. Rev. Stat. 1941, ch. 95 1/2, par. 167; Jones Ill. Stats. Ann. 85.199).

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

Appeal from the Circuit Court of Cook county; the Hon. MICHAEL FEINBERG, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the October term, 1942.

Guy C. Guerine, for appellant;

Beverly Klaskin, for appellee;

Samuel T. Klaskin, of counsel.


"Not to be published in full." Opinion filed May 10, 1943.


Summaries of

Kearney v. Spiniola

Appellate Court of Illinois, First District
May 10, 1943
319 Ill. App. 251 (Ill. App. Ct. 1943)
Case details for

Kearney v. Spiniola

Case Details

Full title:James H. Kearney, Appellant, v. Louis Spiniola, Appellee

Court:Appellate Court of Illinois, First District

Date published: May 10, 1943

Citations

319 Ill. App. 251 (Ill. App. Ct. 1943)
48 N.E.2d 739

Citing Cases

De Legge v. Karlsen

" Other statements may be found in Kearney v. Spiniola, 319 Ill. App. 251, and Sykes v. Herbener, 338 Ill.…