Murray v. Chicago Railways Co., 210 Ill. App. 86 (1918)

March 13, 1918 · Illinois Appellate Court · Gen. No. 23,230
210 Ill. App. 86

William J. Murray, Appellee, v. Chicago Railways Company, Appellant.

Gen. No. 23,230.

(Not to he reported in full.)

Abstract of the Decision.

Street railroads, § 131 * —when shown that driver of motorcycle contribv.torily negligent. Evidence held to conclusively establish that plaintiff was guilty of contributory negligence which proximately contributed to his injury, in a collision between his motorcycle and defendant’s street car at a street intersection.

Appeal from the Superior Court of Cook county; the Hon. Theodore Beentano, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Reversed with finding of facts.

Opinion filed March 13, 1918.

Rehearing denied April 6, 1918. „

Statement of the Case.

Action by William J. Murray, plaintiff, against Chicago Railways Company, defendant, to recover damages for personal injuries sustained in a collision between plaintiff’s motorcycle and defendant’s street car. From a judgment for plaintiff for $10,000, defendant appeals.

P. L. McArdle and Charles LeRoy Brown, for appellant; John R. Guilliams, of counsel.

Jeremiah B. O’Connell and Irving Wesley Baker, for appellee.

Mr. Justice Thomson

delivered the opinion of the court.