Opinion
Gen. No. 10,285. (Abstract of Decision.)
Opinion filed July 7, 1949 Rehearing denied August 12, 1949 Released for publication August 15, 1949
AUTOMOBILES AND MOTOR VEHICLES, §§ 133, 135, 136, 141 — questions for jury in action for injuries to pedestrian. In action for injuries sustained by 69-year-old pedestrian who was struck by defendant's automobile while crossing street at intersection, whether defendant was negligent and whether pedestrian was contributorily negligent were for jury under evidence that defendant was driving with his dim lights, that he neither slowed down nor gave any warning as he approached intersection at 25 or 30 miles per hour, and that defendant was familiar with intersection and did not see pedestrian until he was struck, and testimony of pedestrian that he had stopped at curb and waited for other automobiles to pass and that he saw only some lights about 500 feet away when he started to cross street (Ill. Rev. Stat. 1947, ch. 95 1/2, pars. 171, 200; Jones Ill. Stats. Ann. 85,203, 85.232).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Henry county; the Hon. RAY I. KLINGBIEL, Judge, presiding.
Judgment affirmed. Heard in this court at the October term, 1948.
Thomas J. Welch and R. Sheridan Welch, for appellant;
Vera M. Binks, of counsel.
Julian P. Wilamoski, for appellee;
James N. Cummings, of counsel.
Not to be published in full. Opinion filed July 7, 1949; rehearing denied August 12, 1949; released for publication August 15, 1949.