Summary
In Rigdon v. Crosby, 328 Ill. App. 399, 66 N.E. 190, the Court held that where the owner of an automobile is riding in it, he has not only the right to possession of it, but has such possession, and he necessarily retains the power and the right of controlling the manner in which it is being driven, unless he has contracted away or abandoned that right, and he furthermore has the duty to control the driver.
Summary of this case from Johnston Testers Inc. v. TaylorOpinion
Gen. No. 10,047. (Abstract of Decision.)
Opinion filed April 18, 1946 Released for publication May 6, 1946
AUTOMOBILES AND MOTOR VEHICLES, § 160.1 — instruction directing verdict must contain all necessary elements to sustain verdict. In action for personal injuries arising from automobile collision which occurred while plaintiff's automobile was being driven by his friend, where instruction given at plaintiff's instance was to effect that jury should find defendant guilty if they believed from preponderance of evidence that plaintiff's injuries were caused by negligence of defendant and that plaintiff was in exercise of ordinary care for his own safety at time of injuries, held that since instruction directed verdict, all elements necessary to sustain verdict must be contained therein, and instruction was defective for reason that it disregarded element of ordinary care on part of driver.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Will county; the Hon. ROSCOE C. SOUTH, Judge, presiding.
Reversed and remanded. Heard in this court at the February term, 1946.
John P. Haley and Charles M. Robson, for appellant;
Pence B. Orr, for appellee.
Not to be published in full. Opinion filed April 18, 1946; released for publication May 6, 1946.