Opinion
Gen. No. 43,542. (Abstract of Decision.)
Opinion filed November 19, 1946 Released for publication December 3, 1946
AUTOMOBILES AND MOTOR VEHICLES, § 90.1 — when person who failed to board street car not contributorily negligent as matter of law. Plaintiff injured by defendant's tractor-trailer after having failed to board street car was not contributorily negligent as matter of law, even though evidence supported defendant's theory that plaintiff "chased" street car and that, after having failed to board same and although knowing that tractor-trailer was approaching, he started to run towards curb and ran into trailer, where evidence also supported plaintiff's theory that he was struck by tractor while standing about two feet south of tracks and about eighteen feet north of curb.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. LOYD M. BRADLEY, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the October term, 1945.
Barrett, Barrett, Contello Barrett, for appellant;
James A. Dooley, for appellee.
Not to be published in full. Opinion filed November 19, 1946; released for publication December 3, 1946.