#### Anna Selinski, Appellee, v. John E. Holland, Appellant.

Gen. No. 18,988.

(Not to he reported in full.)

Appeal from the Superior Court of Cook county; the Hon. William E. Dever, Judge, presiding.

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

Reversed and remanded.

Opinion filed April 23, 1914.

Rehearing denied May 7, 1914.

Statement of the Case.

Action by Anna Selinski against John E. Holland to recover damages for. personal injuries alleged to have been received by plaintiff in a collision with defendant’s automobile at or near the intersection of Washington boulevard and Kedzie avenue in Chicago. The jury returned a verdict finding defendant guilty and assessing plaintiff’s damages at six hundred dollars. From a judgment entered upon the verdict, defendant appeals.

John A. Bloomingston, for appellant.

Vincent G. Gallagher and Ernest Messner, for appellee.

Abstract of the Decision.

1. Automobiles and garages, § 3 * —when finding as to con-tributary negligence of pedestrian not sustained by the evidence. In an action for injuries received by plaintiff in a collision with defendant’s automobile at a street intersection, held that a finding of the jury that plaintiff was not guilty of contributory negligence was contrary to the manifest weight of the evidence, and that the trial court erred in not granting defendant a new trial.

2. Appeal and error, § 1810 * —when Appellate Court will not reverse with a finding of facts. Appellate Court will not reverse a judgment with a finding of facts where it is not clear to the *113court that there can he no recovery in the case which it would permit to stand, and it could not say a recovery would he merely a perversion of justice.

*

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

*112Mr. Justice Scanlan

delivered the opinion of the court.