(No. 2058

#### Walter Bortowski, Claimant, vs. State of Illinois, Respondent.

Opinion filed October 15, 1935.

John R. McSweeney, for claimant.

Otto Keener, Attorney General; John Kassebman, Assistant Attorney General, for respondent.

Me. Justice Linscott

delivered the opinion of the court:

This case is based upon the same set of facts as set forth in the case of Joseph Schultz vs. State of Illinois, No. 2059, except that in this case the claimant was a passenger, which, in our opinion, does not change the legal situation.

The Attorney General also made a motion to dismiss this case, and the motion will be sustained for the same reasons as set forth in Schultz vs. State of Illinois, No. 2059.