Opinion
Gen. No. 10,305. (Abstract of Decision.)
Opinion filed January 4, 1949 Released for publication January 21, 1949
AUTOMOBILES AND MOTOR VEHICLES, § 166.1 — unauthorized judgment for injured pedestrian. Where first count of pedestrian's complaint in action against motorist for personal injuries charged negligence, and second count charged wilful and wanton misconduct by motorist, and jury returned general verdict for pedestrian, it would be presumed that jury found for pedestrian on wilful and wanton count; hence judgment for pedestrian was unauthorized where evidence was insufficient to prove that motorist was guilty of wilful and wanton misconduct.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of LaSalle county; the Hon. LOUIS A. ZEARING, Judge, presiding.
Judgment reversed and cause remanded. Heard in this court at the October term, 1948.
Mark O. Roberts and Richolson, Wilhelm Davies, for appellant;
Larkin Berry, for appellee.
Not to be published in full. Opinion filed January 4, 1949; released for publication January 21, 1949.