Schusler v. Fletcher

MR. PRESIDING JUSTICE MORAN

delivered the opinion of the court.

Plaintiff while riding as a guest passenger in an automobile owned and driven by defendant was injured when defendant lost control of his automobile and hit a tree. Suit was filed in Kane County Circuit Court charging defendant with wilful and wanton misconduct in the operation of the automobile, and from a jury verdict of not guilty plaintiff appeals.

During the trial plaintiff testified that about 10:00 o’clock p. m. on December 30, 1961, he went to Big Lee’s Tavern on Wilson Street in Batavia, had some beer and was playing a…