Opinion
Term No. 48M8. (Abstract of Decision.)
Opinion filed September 29, 1948 Released for publication October 28, 1948
AUTOMOBILES AND MOTOR VEHICLES, § 117.5 — sufficiency of evidence in action for death of guest. In nonjury action against driver of automobile for death of 17 year old guest passenger who was injured when automobile overturned after running off pavement, evidence warranted finding and judgment for driver under count of complaint charging that driver wilfully and wantonly propelled automobile at such speed as to exhibit absence of care and knew, or should have known, that probable result of his conduct would be to inflict fatal injuries on passenger.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Alexander county; the Hon. HAROLD L. ZIMMERMAN, Judge, presiding.
Affirmed. Heard in this court at the May term, 1948.
Lansden Lansden, for appellant;
Dewey Cummins and Asa J. Wilbourn, for appellee;
Dorothy Wilbourn and John G. Holland, of counsel.
Not to be published in full. Opinion filed September 29, 1948; released for publication October 28, 1948.