From Casetext: Smarter Legal Research

Dufner v. Mathis

Appellate Court of Illinois, Second District
Feb 14, 1940
304 Ill. App. 25 (Ill. App. Ct. 1940)

Opinion

Gen. No. 9,497. (Abstract of Decision.)

Opinion filed February 14, 1940

AUTOMOBILES AND MOTOR VEHICLES, § 148instructions, degree of care required of host where collision occurred in another State. In action by guest passenger for injuries sustained when automobile overturned in the State of Minnesota, tried upon theory that under Minnesota law plaintiff could recover upon proof that defendant was negligent and he was free from contributory negligence, where instruction told jury to decide case upon evidence produced at trial and "under the law as it now exists in this State, and is defined to you by the instructions given to you by the Court," such instruction did not mislead jury to require proof of wilful and wanton misconduct before plaintiff could recover.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Peoria county; Hon. JOHN T. CULBERTSON, JR., presiding.

Affirmed. Heard in this court at October term, 1939.

H.D. Morgan and L.O. Eagleton, for appellant;

Eugene Leiter, of counsel;

Clarence W. Heyl, for appellee.


"Not to be published in full." Opinion filed February 14, 1940.


Summaries of

Dufner v. Mathis

Appellate Court of Illinois, Second District
Feb 14, 1940
304 Ill. App. 25 (Ill. App. Ct. 1940)
Case details for

Dufner v. Mathis

Case Details

Full title:William V. Dufner, Appellant, v. John H. Mathis, Appellee

Court:Appellate Court of Illinois, Second District

Date published: Feb 14, 1940

Citations

304 Ill. App. 25 (Ill. App. Ct. 1940)
25 N.E.2d 893