Opinion
Gen. No. 9,643. (Abstract of Decision.)
Opinion filed April 8, 1942
AUTOMOBILES AND MOTOR VEHICLES, § 117.2 — negligence in stopping on highway as question of fact. In an action for wrongful death, where one car, which plaintiff administrator's deceased was driving, ran into defendant's car stopped on the highway, and there was a verdict and judgment for defendant, the questions whether the defendant had the taillight on his car burning at the time of the accident, and whether the snow on the shoulders of the highway was deep enough to make it impracticable for defendant to drive on to the shoulder of the road, were ones of fact for the jury to decide (Ill. Rev. Stat. 1941, ch. 95 1/2, par. 185; Jones Ill. Stats. Ann. 85.217).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Will county; Hon. JAMES V. BARTLEY, presiding.
Affirmed. Heard in this court at October term, 1941.
Donovan, Bray Gray, for appellant;
Ray F. Faulkner and Matthew W. Stefanich, for appellee;
Ray F. Faulkner, of counsel.
"Not to be published in full." Opinion filed April 8, 1942.