Monroe v. Wear

Plaintiff in error, Holland N. Wear, sued out a writ of error directed to the circuit court of McDonough county, to review a judgment of that court rendered against him and in favor of George M. Monroe, defendant in error, for the sum of $15,000 damages assessed by the verdict of a jury finding him guilty of wilful and wanton misconduct which resulted in injury to the defendant in error.

The declaration consists of four counts, the first of which charges general negligence and alleges due care on the part of the plaintiff, but was withdrawn from the consideration of the jury, so that the case…