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Pasquale Raimondi, Appellee, v. Ziffrin Truck Lines and Da

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.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed November 19, 1946; released for publication December 3, 1946.

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RAIMONDI v. ZIFFRIN TRUCK LINES
(Nov 19, 1946)