#### Harry C. Moir, Defendant in Error, v. Austin H. Hart, Plaintiff in Error.

Gen. No. 19,233.

(Not to be reported in full.)

Error to the Muncipal Court of Chicago; the Hon. Edward T. Wade, Judge, presiding. Heard in the Branch Appellate Court at *567the March term, 1913.

Abstract of the Decision.

1. Automobiles and garages, § 2 * -—when injury in collision is result of accident. Where a person operating an automobile at a street crossing in a proper manner and at a slow rate of speed, applied the brakes suddenly to avoid striking a pedestrian who ran in front of the car and the act caused the car to skid slightly and to come in contact with another car standing at the curb, injuring a portion of the top of such car, such injury was the result of an accident for which the person operating the automobile could not be held liable to respond in damages.

2. Negligence, § 1 * —what is negligence. Negligence is the failure to bestow the care and skill which the situation demands, and if one exercise the degree of care required of a reasonably prudent man under the circumstances, he is not negligent.

Reversed with finding of fact.

Opinion filed November 25, 1914.

Statement of the Case.

Suit by Harry C. Moir against Austin H. Hart to recover damages for injuries to an automobile top alleged to have been occasioned by the negligence of defendant. There was a finding and judgment against defendant for one hundred and twenty five-dollars, and he brings error.

James Turnock, for plaintiff in error.

John D. Peterson and Jacob L. Fox, for defendant in error.

*

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

Mr. Presiding Justice Baume

delivered the opinion of the court.