Opinion
Gen. No. 9,365. (Abstract of Decision.)
Opinion filed December 15, 1939. Rehearing denied February 6, 1940.
AUTOMOBILES AND MOTOR VEHICLES, § 117.5 — wilful and wanton conduct, sufficiency of evidence. Where motorist was driving along gravel road at night with passengers engaged in a scavenger hunt, and one of the passengers voluntarily riding on the running board was injured when defendant collided with an unlighted surrey traveling in the same direction, several of the guests stating after the collision that defendant was driving at about 25 to 30 miles per hour, judgment for plaintiff was contrary to weight of the evidence, as defendant was not indifferent to duty owed his passengers, but even if he were guilty of wilful and wanton conduct plaintiff was similarly guilty in voluntarily riding on running board without making a protest as to defendant's speed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Stark county; Hon. JOSEPH E. DAILY, presiding. Reversed and remanded. Heard in this court at October term, 1938; Opinion filed December 15, 1939. Rehearing denied February 6, 1940.
Thomas J. Welch, Ralph Dempsey and P. A. D'Arcy, for appellant; Baird V. Helfrich, for appellee.
"Not to be published in full."