Opinion
Gen. No. 10,255. (Abstract of Decision.)
Opinion filed October 14, 1948 Released November 2, 1948
AUTOMOBILES AND MOTOR VEHICLES, § 117.5 — sufficiency of evidence in guest's action for injuries. Evidence that as automobile started to leave filling station, guest proceeded to clear frost from windshield but the motorist drove on and immediately passed other vehicles going in same direction and that while the automobile was traveling at estimated speed of 40 miles per hour it collided with an oncoming bus which was in its proper traffic lane, sustained judgment for guest for injuries sustained in the collision, on ground that motorist was guilty of wilful and wanton misconduct and the guest was not guilty of such misconduct which contributed to the accident.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding.
Judgment affirmed. Heard in this court at the May term, 1948.
Frank P. North and Burrell Burrell, for appellant;
David M. Burrell, of counsel;
Berry Simmons, for appellee.
Not to be published in full. Opinion filed October 14, 1948; released November 2, 1948.