Hering v. Hilton

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.