McGuire v. McGannon

Mr. Presiding Justice Hebel

delivered the opinion of the court.

This is an appeal by the defendant from a judgment for the plaintiff entered by the court on the verdict of a jury in the sum of $2,500, recovered for personal injuries sustained by the plaintiff in an automobile accident which occurred on August 13, 1932. The plaintiff’s action is based upon the provision of the statute known as Cahill’s St. 1933, ch. 95a, 43 (ch. 121, sec. 243, Smith-Hurd 1933 Ill. Stat.). The material part of the statute which applies is as follows:

“Provided, however, that no person riding in a motor vehicle as…