Yellow Cab Co. v. Carlsen, 211 Ill. App. 299 (1918)

May 14, 1918 · Illinois Appellate Court · Gen. No. 23,501

211 Ill. App. 299

Yellow Cab Company, Appellee, v. John G. Carlsen, Appellant.

Gen. No. 23,501.

(Not to be reported in full.)

Abstract of the Decision.

1. Automobiles and garages, § 3* — when negligence of driver of one of colliding automobiles is shown. Proof that, at the time of a collision between defendant’s automobile and another machine, defendant was driving on the wrong side of the street at a speed of about 20 miles per hour, establishes the charge of negligence.

Appeal from the Municipal Court of Chicago; the Hon. Habby P. Dolan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917,

Affirmed.

Opinion filed May 14, 1918.

Statement of the Case.

Action by Yellow Cab Company, a corporation, plaintiff, against John G. Carlsen, defendant, to recover damages caused by a collision between an automobile owned by plaintiff and one driven by defendant. From a judgment in favor of plaintiff, defendant appeals.

A. R. Hulbert, for appellant.

Johnston, Costello & Blair, for appellee.

* See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Matchett

delivered the opinion of the court.

• 2. Automobiles and garages, § 3 ^* — necessity of showing exercise of due care. In an action for damages caused by a collision between two automobiles, it is necessary for plaintiff to prove that at the time of the accident he was in the exercise of due care.

3. Appeal and error, § 1414* — what weight given findings of trial court. Findings of the trial court, in a case tried without a jury, upon the issue of contributory negligence are entitled to the same weight upon appeal as the verdict of a jury.