#### Albert Kowalski by Frank Kowalski, Defendant in Error, v. John S. Kelley, Plaintiff in Error.

Gen. No. 18,045.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. Edward A. Dicker, Judge, presiding. Heard in this court at the March term, 1912.

Affirmed.

Opinion filed November 24, 1913.

Statement of the Case.

Action by Albert Kowalski, a minor, by Frank Kowalski, Ms father and next friend, against John S. Kelley to recover for personal injuries sustained by plaintiff while riding with John S. Kelley in an automobile driven by the latter. The injuries were alleged to have been caused by John S. Kelley negligently driving the automobile so as to cause a collision with a street car. From a judgment in favor of plaintiff against John S. Kelley for two hundred and fifty dollars, the latter brings error.

Carpenter & Barnhardt, for plaintiff in error; Clayton W. Mogg and Wyman, Jurgens & Carpenter, of counsel.

Gallagher & Messner, for defendant in error.

*314Abstract of the Decision.

Automobiles and garages, § 3*—verdict for injuries sustained 6y occupant resulting from negligent driving sustained. In an action for injuries sustained by plaintiff resulting from the negligent driving of an automobile in which plaintiff was riding at the request of defendant, the questions whether defendant was negligent in driving the automobile and whether plaintiff was guilty of contributory negligence in failing to jump from it before it was struck by a street car, held questions for the jury, and verdict for plaintiff sustained.

Mr. Presiding Justice Baker

delivered the opinion of the court.