Opinion
Gen. No. 9,296. (Abstract of Decision.)
Opinion filed February 24, 1942 Rehearing denied May 5, 1942
AUTOMOBILES AND MOTOR VEHICLES, § 80.3 — when question of wilful and wanton injury to guest property submitted to jury. In an action to recover for the wrongful death of a passenger in an automobile, where there was evidence tending to prove that the accident occurred, in the nighttime on a slippery pavement, with the visibility poor in the rain, and the defendant was operating the car at a high rate of speed and the car went off the road and hit a culvert and turned over twice, it was proper to submit the question of wilful and wanton misconduct of the defendant to the jury.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Tazewell county; Hon. JOSEPH E. DAILY, presiding.
Judgment affirmed. Heard in this court at October term, 1941.
Ralph Dempsey and P.A. D'Arcy, guardian ad litem, for appellant;
Cassidy, Knoblock Sloan, for appellee.
"Not to be published in full." Opinion filed February 24, 1942; rehearing denied May 5, 1942.