Clements v. Western Fire Ins. Co.

Simpson v. Marks
111 N.E.2d 370 (Ill. App. Ct. 1953) Cited 3 times
Tort - Wantonness
In Simpson v. Marks, 349 Ill.App. 527, 111 N.E.2d 370, the defendant host removed both hands from the steering wheel to embrace, over her repeated protests, the plaintiff guest; the automobile went out of control on Chicago's Outer Drive, ran across a parkway and crashed into a post.
[3] Defendant cites the following cases in support of his contention that plaintiff's story of the accident is inherently improbable. Tepper v. Campo, 398 Ill. 496; Schueler v. Blomstrand, 394 Ill. 600; People v. Bentley, 357 Ill. 82; Seybold v. Zimmerman, 294 Ill. App. 138; Clements v. Western Fire Ins. Co., 264 Ill. App. 473 and Brown v. Chicago City Ry. Co., 155 Ill. App. 434. The courts in these cases stated the rule that uncontradicted testimony should be rejected where it is physically impossible, inherently improbable, or contrary to the common experience of mankind.