Westefer v. Rybacki (125 Ill. App. 2d 66, 1970)

PER CURIAM.

Plaintiff Raymond Westefer, Jr. instituted an action for damages for injury sustained by him as a result of a collision between the motorcycle which he was driving and the automobile operated by defendant, Philip Rybacki, on Route 17 near Wyoming, Illinois. As a result of a trial before a jury, a verdict was returned in favor of defendant, and judgment was entered thereon.

The record discloses that plaintiff was driving Ms motorcycle in a westerly direction on Route 17, about four miles east of Wyoming, Illinois. He was 15 years of age and had no driver’s license. The motorcycle was a small one with a top speed of 15 miles per hour. The weather on July 10, 1966, at the time of the accident, was sunny and warm and the pavement was dry. The motorcycle was equipped so that there was room for two persons riding on it. A friend, Larry Tossel, was riding on the cycle behind plaintiff. Plaintiff had driven the motorcycle several times prior to the date of the accident. There was some evidence that just prior to the accident plaintiff and his passenger had “a couple of sips” from a bottle of wine.

The road upon which the accident occurred is a two-lane primary road sufficiently wide for two automobiles to pass. As plaintiff’s motorcycle was driven west along Route 17 at the time of the accident, plaintiff apparently approached the crest of the hill, while defendant in Ms automobile was approaching the same hill traveling east. They collided at the top of the hill. Both plaintiff and Ms passenger testified that they did not see defendant’s car prior to the collision and that all they remember is