Chicago & Calumet District Transit Co. v. Vidinghoff

The statement in the majority opinion of the court as to the pleadings and physical facts surrounding the place of the accident is correct. However, I do not concur with the majority opinion as to the evidence regarding the conduct of the parties, nor the legal consequences of their conduct.

All the acts of negligence charged in plaintiff’s complaint must, of necessity, be predicated upon a fact that appellant’s bus driver saw, or in the exercise of reasonable care should have seen, the appellee in sufficient time to have (1) sounded his horn, or (2) stopped the bus and thus avoided the…