Lamberes v. Northern Cartage Co.

MR. PRESIDING JUSTICE ENGLISH

delivered the opinion of the court.

From a judgment for property damage entered in favor of plaintiff after a non jury trial, defendant appeals, making the point, among others, that plaintiff was contributorily negligent as a matter of law, and that the judgment should therefore be reversed.

The facts will be taken from plaintiff’s own testimony. On the morning of May 27, 1963, plaintiff was driving his 1959 Chevrolet south on Lawndale Avenue, approaching the intersection of 83rd Street in Chicago, in a light drizzle, with his windshield wipers in operation. One Ray…