#### Herbert F. Brandenberg, Defendant in Error, v. Peter Klehr, Plaintiff in Error.

Gen. No. 21,486.

(Not to be reported in full.)

Abstract of the Decision.

1. Automobiles and garages, § 3 * —when evidence sufficient to sustain finding of lack of contributory negligence. In an action to recover for personal injuries sustained by plaintiff in a collision between his motorcycle and defendant’s automobile, evidence examined and held to warrant a finding that plaintiff was not guilty of negligence contributing to his injury, it appearing that at the time of the accident plaintiff was riding on the right side of the road.

2. Automobiles and garages, § 3 * —when evidence sufficient to sustain finding of negligence in operation of automobile. In an action to recover for personal injuries sustained in a collision he-*460tween plaintiffs motorcycle and defendant's automobile, evidence examined and held sufficient to warrant a finding that defendant was guilty of negligence, it appearing that while plaintiff was riding on his right-hand side of the road, defendant improperly crossed from his right-hand side to his left, causing the collision.

*459Error to the Municipal Court of Chicago; the Hon. John C. Work, Judge, presiding.

Heard in this court at the October term, 1915.

Affirmed.

Opinion filed January 17, 1916.

Statement of the Case.

Action by Herbert F. Brandenberg, plaintiff, against Peter Klehr, defendant, in the Municipal Court of Chicago, to recover for personal injuries sustained by plaintiff in a collision between plaintiff’s motorcycle and defendant’s automobile. The case was tried by the court without a jury. To reverse a judgment for plaintiff for four hundred and fifty dollars, defendant prosecutes this writ of error.

Walter A. Brendecke, for plaintiff in error.

Schnaekenbebg & Rubinkam, for defendant in error.

*

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

Mr. Presiding Justice McSurely

delivered the opinion of the court.