Fincham v. Cooney

Judith Fincham was killed when the automobile in which she was a passenger collided with the Wullenwaber car at a rural intersection. Plaintiff, administrator of the estate of Mrs. Fincham, brought this negligence action against defendant as administrator of the estate of Mary Ellen Cooney, the deceased driver of the Cooney car. (No issue is raised concerning applicability of the guest statute (Ill. Rev. Stat. 1975, ch. 95/2, par. 10 — 201).) Plaintiff appeals from a directed verdict in favor of defendant entered at the close of plaintiff’s evidence.

According to the pleadings and evidence in…