PARKER v. PEORIA TRANSPORTATION CO., 338 Ill. App. 210 (1949)

86 N.E.2d 862

Gen. No. 10,339. (Abstract of Decision.)Appellate Court of Illinois, Second District.
Opinion filed June 29, 1949 Released for publication July 16, 1949

AUTOMOBILES AND MOTOR VEHICLES, § 167.2[*] — reversible error in death case. In action against transportation company and driver of its bus for death of plaintiff’s intestate in collision between bus and motorcycle on which intestate was riding as a guest passenger, conduct of defendants’ counsel in persistently questioning driver, when called as witness for defendants, regarding driver’s testimony before coroner and offering in evidence a transcript of driver’s testimony at inquest after objections to such evidence had been timely made by plaintiff and sustained by trial court deprived plaintiff of a “fair trial” and required reversal of judgment on verdict for defendants, where there was no evidence that driver had been made a party defendant for purpose of rendering him incompetent as a witness.

Page 211

Appeal from the Circuit Court of Peoria county; the Hon. HENRY J. INGRAM, Judge, presiding.

Reversed and remanded. Heard in this court at the February term, 1949.

Knoblock, McConnell Kennedy, and Sig. B. Nelson, for appellant;

Cassidy, Sloan Crutcher, for appellees.

Opinion by JUSTICE DOVE.

Not to be published in full. Opinion filed June 29, 1949; released for publication July 16, 1949.