Singer v. Cross

Mr. Presiding Justice McSurely

delivered the opinion of the court.

In a fourth class case brought by plaintiff to recover damages to his -automobile, upon trial by the court plaintiff had a judgment against defendants jointly for $331.95, from which they appeal.

Plaintiff’s statement of claim alleged that the defendants or their servants owned, operated and controlled an automobile which was so carelessly operated that it collided with plaintiff’s automobile. In the affidavit of merits the defendant Illinois Hertz Driv-UrSelf Stations, Inc., a corporation, alleged that it was not operating,…