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BERENDT v. BAUMANN

Gen. No. 50,763.

70 Ill. App.2d 148 (1966)

217 N.E.2d 490

Marie Berendt, Administrator of the Estate of Beverlee Berendt, Deceased, Plaintiff-Appellant, v. William Baumann, Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

April 25, 1966.

Attorney(s) appearing for the Case

G. Kent Yowell, of Chicago (Yowell and Cessna, of counsel), for appellant.

Beverly and Pause, of Chicago (Robert O. Duffy, of counsel), for appellee.

MR. PRESIDING JUSTICE KLUCZYNSKI delivered the opinion of the court.

This is an appeal from a judgment in favor of defendant in a wrongful death action to recover damages for the death of a nonpaying automobile passenger under the "guest statute." (Ill Rev Stats 1955, c 95 1/2, § 58a.) Recovery therein is dependent upon proof that the occurrence causing the injuries resulting in the death of the passenger was occasioned by the wilful and wanton misconduct of...

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