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Ogilby v. Schmauss

Appellate Court of Illinois, Second District
Dec 28, 1943
321 Ill. App. 161 (Ill. App. Ct. 1943)

Opinion

Gen. No. 9,897. (Abstract of Decision.)

Opinion filed December 28, 1943

AUTOMOBILES AND MOTOR VEHICLES, § 117.5sufficiency of evidence of wilful and wanton misconduct on part of automobile host. Evidence in action for death of guest in defendant's automobile in accident occurring when, while defendant was in nighttime driving ear at excessive rate of speed, he lost control of car, held sufficient to sustain verdict for plaintiff.

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

DOVE, J., dissents.

Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding.

Judgment affirmed. Heard in this court at the October term, 1943.

Burrell Burrell and Frank P. North, for appellant;

David M. Burrell, of counsel;

Miller, Thomas Hickey, for appellee;

L.C. Miller and F.E. Hickey, of counsel.


Not to be published in full. Opinion filed December 28, 1943.


Summaries of

Ogilby v. Schmauss

Appellate Court of Illinois, Second District
Dec 28, 1943
321 Ill. App. 161 (Ill. App. Ct. 1943)
Case details for

Ogilby v. Schmauss

Case Details

Full title:Roy F. Ogilby, Administrator of Estate of Frederick Ogilby, Deceased…

Court:Appellate Court of Illinois, Second District

Date published: Dec 28, 1943

Citations

321 Ill. App. 161 (Ill. App. Ct. 1943)
52 N.E.2d 293

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