#### Sophia Berg, Appellee, v. Charles Fisher, Appellant.

Gen. No. 17,992.

(Not to be reported in full.)

Abstract of the Decision.

1. Automobiles, § 2 * —when evidence sufficient to sustain verdict for injuries. In an action for personal injuries sustained by plaintiff by being struck by an automobile while attempting to cross a street after alighting from a street car, the evidence held, sufficient to support a verdict for plaintiff. »

2. Automobiles, § 3®—when evidence not conclusive as to contributory negligence. In action for injuries resulting from being struck by an automobile, testimony concerning statements of plaintiff that it' was as much her fault as it was the defendant’s, held, not conclusive against plaintiff on question of contributory negligence.

3. Automobiles, § 3*—admissibility of evidence. Refusal of court to strike out the testimony of a witness relative to the automobile and the speed at which it was traveling, held, not error though he was unable to positively identify the auto as the one belonging to the defendant.

Appeal from the Circuit Court of Cook county; the Hon. Harry Higbee, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 15, 1913.

Statement of the Case.

Action by Sophia Berg against Charles Fisher to recover for personal injuries sustained by plaintiff by being struck by an automobile belonging to defendant. From a judgment in favor of plaintiff for one thousand dollars, defendant appeals.

Pain, Campbell & Kasper, for appellant; Charles E. Pain, of counsel.

Frank A. Rockhold and Francis X. Busch, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Baume

delivered the opinion of the court.