Opinion
Gen. No. 9,466. (Abstract of Decision.)
Opinion filed April 25, 1941 Rehearing denied June 24, 1941
AUTOMOBILES AND MOTOR VEHICLES, § 80.4 — guest passenger, evidence as to status. Where defendant visited plaintiff's place of business to induce latter to make an exchange of property, and plaintiff was riding in defendant's automobile to inspect some property when he was injured in an accident, plaintiff was merely a passenger and not a guest, jury properly found from the evidence that defendant was negligent and plaintiff free from contributory negligence, defendant's instructions not based on the theory of the defense or covered by other instructions were properly refused, and verdict for $10,000, while liberal, was not excessive.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Peoria county; Hon. JOSEPH E. DAILY, presiding.
Affirmed. Heard in this court at February term, 1941.
Clarence W. Heyl and Walter W. Winget, for appellant;
Cassidy, Knoblock Sloan, for appellee;
John F. Sloan, Jr., of counsel.
"Not to be published in full." Opinion filed April 25, 1941; rehearing denied June 24, 1941.