CAPTAIN v. SAVIANO

AUTOMOBILES AND MOTOR VEHICLES, § 132.2 — question for jury in death action. In action for wrongful death of nine-year-old boy who was struck by defendant's automobile, liability of defendant under count of complaint alleging wilful and wanton conduct should have been submitted to jury where there was evidence that defendant drove automobile from 50 to 60 miles an hour at night with headlights burning, that he was driving on wrong side of street, and that, without changing direction of automobile, defendant drove it into boy who was three or four feet from curb (Ill. Rev. Stat. 1947, ch. 70, pars. 1, 2; Jones 111. Stats. Ann. 38.01, 38.02).

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed June 23, 1948; released for publication July 12, 1948.