#### Daisy B. Page, Defendant in Error, v. Brink’s Chicago City Express Company, Plaintiff in Error.

Gen. No. 20,584.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Habby P. Dolan, Judge, presiding. Heard in this court at the October term, 1914.

Affirmed.

Opinion filed April 26, 1915.

Statement of the Case.

Action by Daisy B. Page against Brink’s Chicago City Express Company in the Municipal Court of Chicago in an action of tort, arising out of a claim for damages to the automobile of the plaintiff in a collision through the alleged negligence of the employee of the defendant. Trial without a jury. Judgment for the plaintiff for $124.15, and defendant brings error.

*390Abstract of the Decision.

1. Negligence, § 186 * —when ownership question of fact. The ownership of a wagon operated by an employee of the defendant in an action for damages for negligence is a question of fact.

2. Automobiles and garages, § 2*—when question of negligence and contributory negligence for jury. In an action for damages for injury to an automobile in a collision claimed to have been caused by defendant’s turning sharply across the path of plaintiff’s automobile, necessitating a similar turn by the latter and a consequent collision with a car in the rear, the questions of negligence and contributory negligence were held to be questions of fact.

William English, for plaintiff in error.

Frank M. Cox and R. J. Fellingham, for defendant in error.

*

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

Mr. Presiding Justice Brown

delivered the opinion of the court.