Tuohey v. Yellow Cab Co.

The trial judge, and the majority of this court, have reached the conclusion that plaintiff was guilty of contributory negligence as a matter of law. In my opinion, that conclusion, based on the limited testimony elicited by defendants’ attorney through deposition, is untenable.

I am well aware of the rule that where, from the undisputed facts, all reasonable minds in the exercise of fair and honest judgment would be compelled to reach the conclusion that there was contributory negligence, that question can become one of law. (Lasko v. Meier, 394 Ill 71, 67 NE2d 162.) However, the question of…