#### Robert Smith, Plaintiff in Error, v. Chicago Railways Company, Defendant in Error.

Gen. No. 18,787.

(Not to he reported in full.)

Abstract of the Decision.

Street railroads, 8 133 * —when liability for injury to pedestrian a question for jury. Where a pedestrian was struck by a westbound car at a street intersection after having crossed the eastbound tracks in safety, under evidence that the street was well lighted, that there were no wagons or vehicles in the street, and that a car approaching from the east could be seen for a distance of 352 feet, the questions of plaintiff’s contributory negligence and defendant’s negligence or wantonness were held to he for the jury.

Error to the Circuit Court of Cook county; the Hon. Richard S. Tothill, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinon filed February 5, 1914.

Statement of the Case.

Action by Robert Smith against Chicago Railways Company to recover for personal injuries sustained on being struck by one of defendant’s cars. From a verdict and judgment for defendant, plaintiff brings error.

Elmer & Cohen, for plaintiff in error.

Joseph D. Ryan and William H. Symmes, for defendant in error; John R. Guilliams and Frank L. Kriete, of counsel.

*

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

Mr. Justice Gridley

delivered the opinion of the court.