Mason v. Shook, No. 41713

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtJONES; In considering the question of wilful and wanton conduct, it might be noted that in the Alabama statute quoted in the Carley case, recovery had to be predicated upon wilful or wanton misconduct. In the Illinois statute it is predicated upon wi
Citation240 Miss. 478,127 So.2d 658
Decision Date06 March 1961
Docket NumberNo. 41713
PartiesJames MASON v. C. L. SHOOK.

Page 658

127 So.2d 658
240 Miss. 478
James MASON
v.
C. L. SHOOK.
No. 41713.
Supreme Court of Mississippi.
March 6, 1961.

[240 MISS 479] Cunningham & Cunningham, Booneville, for appellant.

[240 MISS 480] Donald Franks, Booneville, for appellee.

JONES, Justice.

This is an appeal from the Circuit Court of Prentiss County in an action for personal injuries alleged to have been received by appellee in Chicago, Illinois, while riding as a guest in a car driven by appellant, the trial of which resulted in judgment for plaintiff for $15,000.

Page 659

The case was tried under the Illinois law, which State had a guest statute in effect at the time of the accident, appearing in Smith-Hurd Illinois Statutes (1950), Chapter 95 1/2, Section 58a:

'No person riding in a motor vehicle as a guest, without payment for such ride, nor his personal representatives in the event of the death of such guest, shall have a cause of action for damages against the driver or operator of such motor vehicle or its owner or his employee or agent for injury, death or loss, in case of accident, unless such accident shall have been caused by the wilful and wanton misconduct of the driver or operator of such motor vehicle or its owner or his employee or agent and unless such wilful and wanton misconduct contributed to the injury, death or loss for which the action is brought.'

The facts of the instant case are substantially as follows: Clinton Shook, a brother of appellee, was working in Chicago. The appellee carried some effects of his brother, Clinton, to him in a truck owned by appellee. Clinton Shook worked at a filling station, and on arrival there, it was decided that appellee's truck needed a new transmission. The appellee was unaccustomed to driving in Chicago, and when his brother Clinton offered the use of his car for appellee to search for a second-hand [240 MISS 482] transmission, appellee declined it unless someone would drive the car for him. Appellant agreed to drive the car gratuitously and they left Clinton Shook's place, in search of a transmission, with appellant driving; Austin Shook, another brother of appellee, in the center on the front seat; the appellee on the outside on the front seat; and a friend, Dexter Knight, on the back seat. All four of these boys had been friends for a number of years and all were from Mississippi. They traveled for some distance on Costner Street, where traffic was heavy and there were traffic lights to observe, to Ogden Avenue. This avenue was a six-lane thoroughfare and a very busy street, having three traffic lanes for eastbound traffic and three for westbound traffic. The parties herein turned west on Ogden, traveled to a junk yard, to enter which the driver made a left turn across Ogden Avenue, and not finding a transmission available for a satisfactory price, they left, proceeding across the eastbound traffic lane on Ogden and turning left or west on Ogden Avenue and thereafter traveling at a speed of approximately 35 miles per hour. The legal speed on this avenue was 40 miles per hour. This was on May 5, 1956, around six o'clock P.M. daylight saving time. They were traveling on the inside westbound traffic lane, separated from the inside eastbound traffic lane only by a painted line. Appellant's car was being operated in second gear, and while still insecond gear, a Plymouth station wagon, traveling west and on the right of appellant's car, passed and cut in front of appellant's car a short distance from the traffic light at the intersection of Ogden Avenue and 31st Street. Ogden Avenue and 31st Street intersected at somewhat of an angle. Appellant exclaimed, 'Watch that fool!' The station wagon came to a stop in front of appellant's car as the traffic light aforesaid turned yellow. He, appellant, applied his brakes attempting to turn left to avoid striking the station wagon, but the right rear of his car struck the left rear of the station [240 MISS 483] wagon at an angle and came to a halt with the front end of appellant's car in the inside eastbound traffic lane on Ogden, being situated partly in the inside westbound traffic lane and partly in the eastbound traffic lane. On the impact the door next to which appellee was riding came open and he was thrown to the pavement. Austin Shook, the center man on the front seat, was thrown where, as he stated, his right hand was out of the car and touching the pavement, but he caught with his left hand on part of the front seat of the car. While in this position, Austin Shook yelled, 'Hold it!' Dexter Knight, on the back seat, at the same time was yelling, 'Get it out of here.'

Page 660

Mason testified that he saw traffic approaching in the eastbound lane, but there was some little dispute as to whether any traffic was so approaching. The appellant also testified that looking through the right back...

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3 practice notes
  • Stokes v. State, No. 41694
    • United States
    • United States State Supreme Court of Mississippi
    • 6 d1 Março d1 1961
    ...the defendant guilty of murder is based upon substantial testimony. We can go no further than examine whether there be error in law [240 Miss. 478] or fact in submitting to the jury the issue of murder. After a careful and protracted consideration of the entire case in full consciousness of......
  • Frank Gardner Hardware & Supply Co. v. St. Paul Fire & Marine Ins. Co., No. 42507
    • United States
    • Mississippi Supreme Court
    • 7 d1 Janeiro d1 1963
    ...Travelers Fire Insurance Co. v. Bank of New Albany, 146 So.2d 351 (Miss. 1962). McGee v. Maryland Casualty Co., supra, 240 Miss. at 452, 127 So.2d at 658 held that acts of an employee, in the same category as Bulger, were 'expressly excluded by the terms of the (fidelity) bond.' Waiver and ......
  • Miss. Dep't of Transp. v. Musgrove, NO. 2018-IA-01139-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • 16 d4 Abril d4 2020
    ...has explained "willful misconduct": "Where the misconduct is wilful, 294 So.3d 614 there is an intentional injury." Mason v. Shook , 240 Miss. 478, 486, 127 So. 2d 658, 661 (1961). These definitions establish that the two terms are distinct and that they are by no means identical or interch......
3 cases
  • Stokes v. State, No. 41694
    • United States
    • United States State Supreme Court of Mississippi
    • 6 d1 Março d1 1961
    ...the defendant guilty of murder is based upon substantial testimony. We can go no further than examine whether there be error in law [240 Miss. 478] or fact in submitting to the jury the issue of murder. After a careful and protracted consideration of the entire case in full consciousness of......
  • Frank Gardner Hardware & Supply Co. v. St. Paul Fire & Marine Ins. Co., No. 42507
    • United States
    • Mississippi Supreme Court
    • 7 d1 Janeiro d1 1963
    ...Travelers Fire Insurance Co. v. Bank of New Albany, 146 So.2d 351 (Miss. 1962). McGee v. Maryland Casualty Co., supra, 240 Miss. at 452, 127 So.2d at 658 held that acts of an employee, in the same category as Bulger, were 'expressly excluded by the terms of the (fidelity) bond.' Waiver and ......
  • Miss. Dep't of Transp. v. Musgrove, NO. 2018-IA-01139-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • 16 d4 Abril d4 2020
    ...has explained "willful misconduct": "Where the misconduct is wilful, 294 So.3d 614 there is an intentional injury." Mason v. Shook , 240 Miss. 478, 486, 127 So. 2d 658, 661 (1961). These definitions establish that the two terms are distinct and that they are by no means identical or interch......

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