Opinion

Hering v. Hilton

  • 12 Ill. 2d 559
  • 147 N.E.2d 311
  • 1958 Ill. LEXIS 217
Court
Illinois Supreme Court
Filed
Jan 24, 1958
Status
Published
Author
SchaEEER
On the bench
Bristow, Schaeeer, Schaefer, Hershey
Cited by
65 cases
Authority
More cited than 0.3%

The opinion

Mr. Justice SchaEEER, dissenting:

I agree with the majority that Mower v. Williams, 402 Ill. 486 , was in error. An employee who drives a motor vehicle for a governmental agency does not thereby become clothed with governmental immunity. To the extent that Taylor v. City of Berwyn, 372 Ill. 124 , announces a rule like that of the Mower case, it is likewise in error.

But I dissent because I agree with the Appellate Court that the evidence shows no more than a mistake of judgment on the part of the defendant, and falls short of establishing wilful and wanton misconduct.

Mr. Justice Hershey joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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