#### John Szremba by Helen Szremba, Appellee, v. Chicago Railways Company, Appellant.

Gen. No. 20,359.

(Not to be reported in full.)

Abstract of the Decision.

Street railroads, § 86 * —when injury in collision is result of accident. Where a boy on the rear end of an electric truck with his feet hanging over the end of the bed was injured by being caught between such truck and a street car, due to the truck suddenly stopping when another vehicle was driven in front of it, the accident was such that the motorman could not be required to anticipate it, and the injury was not due to the negligence of such motorman.

Appeal from the Circuit Court of Cook county; the Hon. Look-wood Honoré, Judge, presiding. Heard in this court at the March term, 1914.

Reversed with finding of fact.

Opinion filed December 21, 1914.

Statement of the Case.

Suit by John Szremba, a minor, by Helen Szremba, his next friend, against the Chicago Railways' Company to recover for .injuries received in a collision between a street car and an electric track. From a judgment for the plaintiff, defendant appeals.

Joseph D. Ryan, William H. Symmes and Frank L. Kriete, for appellant; W. W. Gurley and J. R. Guilliams, of counsel.

Hiram Blaisdell and A. H. Ranes, for appellee.

*

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

Mr. Justice Baker

delivered the opinion of the court.