Opinion
Gen. No. 43,135. (Abstract of Decision.)
Opinion filed April 19, 1945 Released for publication May 2, 1945
AUTOMOBILES AND MOTOR VEHICLES, § 90 — decedent's careful habits indicating absence of contributory negligence. In action to recover damages for defendant's negligence in striking with his automobile plaintiff's intestate, thereby inflicting injuries upon him which resulted in his death, where there were no eyewitnesses to decedent's injury, held that judgment for plaintiff should be affirmed, since in absence of evidence to contrary, testimony as to decedent's habits coupled with his instincts of self-preservation was sufficient to warrant jury in finding that decedent was free from contributory negligence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. BURTON A. ROETH, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the October term, 1944.
Vogel Bunge and Cassels, Potter Bentley, for appellant;
L.H. Vogel and Frank H. Masters, Jr., of counsel;
James A. Dooley and Arthur Wolf, for appellee.
Not to be published in full. Opinion filed April 19, 1945; released for publication May 2, 1945.