# Hering v. Hilton

> Illinois Supreme Court · January 24, 1958 · 12 Ill. 2d 559

URL: https://www.frixlaw.com/law-library/cases/9519432

## Case

- **Full name:** Mary E. Hering, Appellant, vs. Garlin Hilton, Appellee
- **Court:** Illinois Supreme Court
- **Decided:** January 24, 1958
- **Citations:** 12 Ill. 2d 559; 147 N.E.2d 311; 1958 Ill. LEXIS 217
- **Precedential status:** Published
- **Opinion:** Dissent by SchaEEER
- **Judges:** Bristow, Schaeeer, Schaefer, Hershey
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9519432

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9519432. Public record. Not legal advice.