Krueger v. Cummings

The principal question presented on this appeal is whether the court erred in denying plaintiff’s petition for a change of venue, alleging prejudice of the judge before whom the cause was about to be tried.

Plaintiff was injured in one of defendants’ street cars and his suit for damages was set at the head of Judge W. W. Damron’s call for June 2, 1941. When the case was called for trial on that day one of plaintiff’s counsel answered ready, but no one appeared for defendants. Shortly thereafter Michael H. Ryan, who was watching the call for defendants, entered the courtroom, and Judge Damron…