Cusack v. Longaker

SWAN, Circuit Judge.

This is an appeal from a judgment entered upon the verdict of a jury in favor of the defendant. The action was begun in the Supreme Court of Westchester County, N. Y., and on diversity of citizenship was duly removed to the District Court. The plain*305tiff sought damages for personal injuries arising out of an accident which occurred in Chicago, Ill., while he was riding as a guest in an automobile operated by the defendant. Under an Illinois statute quoted in the margin1, no recovery is permissible unless the accident was caused by “the wilful and wanton misconduct” of the…