#### J. Bortuska, Appellee, v. Chicago Railways Company, Appellant.

Gen. No. 22,957.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the October term, 1916.

Reversed with finding of fact.

Opinion filed May 28, 1917.

Statement of the Case.

Action ¡by J. Bortuska, plaintiff, against the Chicago Railways Company, defendant, to recover for personal injuries. From a verdict and judgment for plaintiff for $4,300, defendant appeals.

*575Abstract of the Decision.

Street railroads, § 98 * —when person driving behind street car and upon parallel trade is guilty of contributory negligence. One who drives behind a street car at a street intersection upon a parallel track and is struck by a car approaching from the opposite direction on such parallel track is guilty of contributory negligence, where the evidence shows that he saw the car approaching and was also warned by other persons and by signals.

Frank L. Kriete, for appellant; W. W. Gurley, J. R. Guilliams and Charles L. Mahony, of counsel.

Haight, Brown, Haight & Harris, for appellee.

*

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.