Legal Opinion

Swain v. American Mut. Liability Ins.

Court of Appeals for the Fifth Circuit

Decided March 29, 1943No. 10470Published

1Opinion of the Court

HOLMES, Circuit Judge.

This is a suit for damages for personal' injuries sustained by appellant when the-automobile in which he was riding as a. guest overturned near Cairo, Illinois. Judgment was entered below upon a directed verdict for the defendants, and the sole question for decision on appeal is. whether the evidence made an issue for the jury as to the alleged willful and wanton misconduct of the driver of the vehicle.1

*887The accident occurred shortly after dusk on October 24, 1941. Appellant and two other guests were travelling southward on the paved highway between Chicago and Cairo in…

2Cases cited7 opinions

  1. Bernier v. Illinois Central RailroadIllinois Supreme Court · 1921
  2. Streeter v. HumrichouseIllinois Supreme Court · 1934
  3. Jeneary v. Chicago & Interurban Traction Co.Illinois Supreme Court · 1923
  4. Murphy v. KingAppellate Court of Illinois · 1936
  5. Evens v. Texas Pac.-Missouri Pac. Terminal R. R.Court of Appeals for the Fifth Circuit · 1943

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