Payne v. Noles

This appeal arises from a suit concerning collision of an automobile and a motorcycle at a hilly curve on Daysville Road, Ogle County, on June 9, 1968. Clyde Payne, driver of the automobile, brought suit for property damage to his vehicle against Harold Noles, operator of the motorcycle, and Robert Duke, a passenger on the cycle. Noles and Duke counterclaimed for resulting personal injuries.

At the close of the case for Payne (auto driver), the trial judge directed a verdict for Duke (cycle passenger), relieving Duke of liability for any damages to Payne’s automobile. The jury returned…