Opinion
Gen. No. 9,970. (Abstract of Decision.)
Opinion filed July 20, 1944 Opinion modified and rehearing denied October 4, 1944
AUTOMOBILES AND MOTOR VEHICLES, § 148.1 — when instruction as to willful or wanton misconduct erroneous. In suit to recover damages for personal injuries incurred in automobile accident where it appeared that plaintiff had gotten out of his stalled car and was struck by defendant's passing automobile, instruction that in order for plaintiff to prove that defendant was guilty of willful and wanton misconduct in operation of his automobile at time and place in question plaintiff was required to prove by the preponderance of greater weight of evidence either that defendant intentionally ran into plaintiff or that defendant intentionally disregarded a known duty necessary to safety of the person or property of another and then and there exhibited an entire absence of care for the life, person or property of another, held erroneous since an intentional disregard of a known duty is not an element of necessary proof under a charge of willful or wanton misconduct.
See Callaghan's Illinois Digest, same topic ana section number.
Appeal from the Circuit Court of Stephenson county; the Hon. HARRY E. WHEAT, Judge, presiding.
Reversed and remanded. Heard in this court at the May term, 1944.
Robert E. Nash, B. Jay Knight, Frederick H. Haye and Albert H. Manus, for appellant;
Burrell Burrell, for appellee;
David M. Burrell, of counsel.
Not to be published in full. Opinion filed July 20, 1944; opinion modified and rehearing denied October 4, 1944; released for publication October 6, 1944.