Opinion
Gen. No. 9,508. (Abstract of Decision.)
Opinion filed April 6, 1940 Rehearing denied May 9, 1940
AUTOMOBILES AND MOTOR VEHICLES, § 207 — condition of street, sufficiency of evidence. In action for death of guest passenger on motorcycle injured when the machine struck a fill in the street which was higher than the roadway, evidence did not support verdict for plaintiff, where proof showed that the fill was lighted with flares, the motorcycle was being driven 45 miles per hour or more, the driver and deceased had spent the evening at a tavern and evidence as to sobriety of driver was in dispute.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Lake county; Hon. RALPH J. DADY, presiding.
Reversed and remanded. Heard in this court at February term, 1940.
L. Eric Carey, for appellant;
J.A. Miller, for appellee;
Max Lidschin and Stephen J. Drury, of counsel.
"Not to be published in full." Opinion filed April 6, 1940; rehearing denied May 9, 1940.