#### Julius Achterberch, Defendant in Error, v. Chicago City Railway Company, Plaintiff in Error.

Gen. No. 19,695.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. Frederick L. Fake, Jr., Judge, presiding. Heard in this court at the October term, 1913.

Affirmed.

Opinion filed May 25, 1914.

Statement of the Case.

Action by Julius Achterberch against the Chicago City Railway Company to recover damages for injuries to property and person sustained by plaintiff through a collision between a street car of the defendant and a horse and wagon of the plaintiff. To reverse a judgment entered on a verdict in favor of plaintiff, defendant brings error.

Warren D. Bartholomew and A. C. Wild, for plaintiff in error; Leonard A. Busby, of counsel.

McEwen, Weissenbach, Shrimski & Meloan, for defendant in error; Harry Okin, of counsel.

*

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

Mr. Justice McSurely

delivered the opinion of the court.

*257Abstract of the Decision.

Stbeet bailboads, § 86 * —when recovery for injuries resulting from collision with wagon sustained by the evidence. In an action against a street railway company to recover for injuries sustained by plaintiff resulting- from a collision between a street car and a horse and wagon driven by plaintiff, where plaintiff’s evidence tended to show that plaintiff was driving on a street car track and before he could turn his horse off the track a car approaching from behind struck the wagon causing the horse to jump across the track, and that the car was going from eighteen to twenty-five miles an hour, and did not slacken its speed, held that a judgment in favor of plaintiff was sustained by the evidence, there being conflicting stories as to how the accident happened.