Hinkle v. Tri-State Transit, Inc.

The judgments which are said to determine that Cooper was not exercising due care for his own safety were returned upon the admission of testimony which is seriously challenged upon review. If this court ultimately concluded that such evidence was inadmissible it would be necessary to reverse for prejudice and remand for a new trial.

Within the analogy of the Civil Practice Act, section 48 (Ill. Rev. Stat. 1973, ch. 110, par. 48(d)), no party has moved to dismiss the appeal in this court. Rather, the court sua sponte issued its rule to show cause why the remaining appeal should not be…