Opinion
Gen. No. 42,762. (Abstract of Decision.)
Opinion filed February 28, 1944
AUTOMOBILES AND MOTOR VEHICLES, § 167.2 — errors requiring reversal of judgment for defendants in collision case. Judgment for defendants in action for personal injuries, sustained in daytime collision, at city street intersection, between plaintiffs' automobile and truck which was claimed to be owned by, and whose driver was alleged to be servant of, defendant corporation and which had approached from plaintiffs' right, held required to be reversed, with remandment of cause for new trial, because of trial errors in refusing to admit testimony of rebuttal witness, who had been in courtroom at least part of time after entry of order excluding witnesses, and in instructing jury.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. DANIEL P. TRUDE, Judge, presiding.
Reversed and remanded. Heard in the first division, first district, this court at the October term, 1943.
Cassels, Potter Bentley, for appellants;
Ralph F. Potter, L.H. Vogel and Anthony S. Ras, of counsel;
Otto M. Hamer, for appellees;
Cheater D. Kern, of counsel.
Not to be published in full. Opinion filed February 28, 1944.