Fahrforth v. Kwiatkowski

MR. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court.

This involves an automobile accident which occurred on June 5, 1957, on the Southwest Highway in Chicago Ridge, Illinois. Both plaintiff’s and defendant’s cars were travelling in a northeasterly direction. The only occurrence witnesses were the defendant and the plaintiff’s decedent, who died subsequent to the accident from unrelated causes. Because of plaintiff’s decedent’s death the defendant was not permitted to testify to facts concerning the occurrence. The case was presented on circumstantial evidence and the inferences to…