Opinion
Gen. No. 41,254. (Abstract of Decision.)
Opinion filed November 20, 1940
AUTOMOBILES AND MOTOR VEHICLES, § 116 — signals by overtaken vehicle, overtaking vehicle passing to right. New trial was improperly awarded defendant in action for injuries sustained in automobile collision, where evidence showed that plaintiff was overtaking and passing defendant's truck on its right at night, after honking and flashing his lights, when the truck turned to its right without proper signals and struck plaintiff, and due to the fact that the lanes on the side of the street where the parties were traveling were fewer than on the opposite side of the street, it was unreasonable to expect plaintiff to pass to the left of the truck.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. MARTIN M. GRIDLEY, presiding.
Order reversed and judgment here. Heard in third division, first district, this court at June term, 1940.
Owens Owens, far appellant;
Thomas L. Owens, of counsel;
W. Harold Rutherford, for appellees;
Richard E. Keogh, of counsel.
"Not to be published in full." Opinion filed November 20, 1940.