Moss v. Wagner

The question, as I see it, is not whether there was evidence tending to show negligence on the part of plaintiff, but, rather, whether there was evidence tending to show the exercise of ordinary care on her part. A failure of proof on the issue should properly work against plaintiff, and not against defendant.

The fact that plaintiff was traveling on a preferential highway did not give her an absolute right-of-way. Pennington v. McLean, 16 Ill2d 577, 583, 584, 158 NE2d 624. As was well stated in Perno v. Brown,* 14 Ill App2d 507, 511, 145 NE2d 91:

[N]o reasonably prudent person, approaching an.…