Murad v. Witek

The plaintiff brought this suit for personal injuries sustained when his automobile collided with the rear of the defendant’s automobile. At the close of the plaintiff’s case the court directed a verdict for the defendant. The only issue on appeal is whether the plaintiff was contributorily negligent as a matter of law.

The plaintiff, who was the only witness in the case, testified that he was driving west on Diversey Avenue in the City of Chicago about 3:00 a. in. on the morning of December 24, 1955. He was traveling in the left lane nearest the center line at approximately 25 miles per hour.…