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Joseph Leonard, Minor, by Agatha Fitzjarrald, His Mother and Next Friend, Appellee, v. Wayne Stone, Appellant.

AUTOMOBILES AND MOTOR VEHICLES, § 80.4 — guest and passenger distinguished. In an action to recover damages for personal injuries sustained while a passenger in an automobile, where it appeared that the plaintiff had worked for the defendant several hours before the accident happened and he requested the plaintiff to stay and help him out with the conduct of a restaurant and agreed to take plaintiff home after the restaurant was closed, and in fulfilment started home with the plaintiff, such transportation tended to promote the mutual interest of both plaintiff and defendant, and the plaintiff was not a guest, but a passenger in the car of the defendant.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by PRESIDING JUSTICE WOLFE.

"Not to be published in full." Opinion filed January 27, 1942.

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LEONARD v. STONE
(Jan 27, 1942)